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Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

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Showing 16417–16440 of 25,393 articles

Illegal Dismissal and Optional Retirement: The Ondevilla Ruling on Employee Rights

Explaining the Supreme Court's ruling on constructive dismissal, optional retirement age, and separation pay in Ondevilla v. Colegio de San Juan de Letran.

Finality of Judgments and Lawyer Discipline: Lessons from Bihag v. Era

A disbarred lawyer's attempt to revive his case through a writ of error fails, underscoring the doctrine of finality of judgment.

Third-Party Claims in Attachment: Following Rule 57’s Prescribed Remedies

A third-party claimant cannot shortcut attachment rules. The Supreme Court in Florido v. Shemberg clarifies the proper remedy under Rule 57.

Judicial Conduct: Mitigating Circumstances and the Duty to Prevent Undue Delay

A judge's duty to prevent undue delay in court proceedings, and how mitigating circumstances affect administrative liability under the Code of Judicial Conduct.

Judicial Accountability: When a Judge's Leniency Becomes Misconduct

Supreme Court clarifies when a judge's liberal grant of postponements and procedural lapses constitute administrative liability, not gross ignorance of law.

Breach of Trust in Banking: Upholding Employee Dismissal for Fraudulent Acts

Supreme Court affirms dismissal of bank employees for fraud, ruling that bank laxity does not excuse employee misconduct and breach of trust.

Land Retention Rights Under Agrarian Reform A Landowners Guide

The Supreme Court explains the five-hectare retention limit under RA 6657 and when a landowner's property may be exempt from CARP coverage.

Correcting Court Notices: The Price of Negligence in Judicial Administration

Learn how failure to file tax returns extends the prescriptive period and why court notice errors carry serious consequences.

Injunction Against Government Interference: Protecting Contractual Advertising Rights

Supreme Court ruling on when courts may issue preliminary injunctions to protect contractual rights from government interference in advertising agreements.

Preliminary Injunction Against MMDA Billboards: Protecting Contractual Rights Pending Trial

Supreme Court affirms preliminary injunction stopping MMDA from dismantling MRT 3 billboards, protecting Trackworks' contractual advertising rights pending trial.

Judicial Accountability for Erroneous Legal Interpretation and Due Process Violations

A judge was fined for gross ignorance of the law after allowing an appeal from an acquittal, violating double jeopardy protections.

When Can Unpaid Wages Be Offset Against Company Property? The Nadela Case

Philippine Supreme Court explains when legal compensation applies to offset unpaid wages against company property in employee's custody.

Dismissal Due to Illness: Employers Must Secure Medical Certification

Philippine Supreme Court ruling on Manly Express v. Payong clarifies employer obligations when terminating employees due to disease or illness.

Moral Damages Count in Determining Court Jurisdiction in Quasi-Delict Cases

The Supreme Court rules that moral damages claims are part of the jurisdictional amount in quasi-delict cases for physical injuries.

Judicial Ethics When Personal Vendettas Cloud Impartial Judgment

A look at how the Supreme Court reinforces judicial impartiality and the two-notice rule in dismissals.

Tax Assessment and Collection: Understanding the 10-Year Rule in the Philippines

Learn when the 10-year prescriptive period applies to tax assessment and collection in the Philippines, explained through the Commissioner of Internal Revenue v. Tulio case.

Protecting Property Rights: Third-Party Claims in Attachment Proceedings

Learn how third-party claimants must protect property rights in attachment cases under Rule 57, as clarified by the Supreme Court.

Grave Abuse of Discretion in Demurrer to Evidence: When Can an Interlocutory Order Be Challenged

A Supreme Court ruling on when judges commit grave abuse of discretion in granting demurrers to evidence and how interlocutory orders may be challenged.

Res Ipsa Loquitur in Property Damage: Employer Liability for Employee Negligence

When a car fire destroys property, res ipsa loquitur may shift the burden to defendants. Learn the rule from this Philippine Supreme Court case.

Bank Employees, Breach of Trust, and Dismissal for Just Cause in the Philippines

The Supreme Court ruled that bank employees who divert depositor funds may be dismissed for loss of trust and confidence, even if the bank suffered no proven loss.

Tax Credit Claims: Time Limits and Exceptions for Advance Payments

Philippine Supreme Court ruling on tax credit claims for advance income tax payments, and when the two-year prescriptive period may not apply.

Proving Loss of Trust and Confidence in Illegal Dismissal Cases in the Philippines

Philippine Supreme Court ruling on when loss of trust and confidence justifies employee dismissal, and what employers must prove.

Foreclosure Sales and Labor Claims: When Buyers Are Not Liable for a Mortgagor's Debts

The Supreme Court clarifies that a mortgagee-creditor who buys foreclosed assets does not automatically assume the mortgagor's labor liabilities.

Tax Sale Invalidity: Strict Compliance With Notice Requirements Protects Property Rights

Philippine Supreme Court ruling on how failure to give proper notice in tax delinquency sales invalidates the sale and protects property owners' rights.