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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 16993–17016 of 25,393 articles

Dismissal Upheld: Dishonest Acts Justify Termination Despite Retraction

Philippine Supreme Court affirms that an employee's dishonest act—demanding money for a service—is serious misconduct justifying dismissal, even if the complainant later retracts.

Compromise Agreements After Final Judgment: Party Autonomy in Labor Cases

The Supreme Court explains when workers may validly waive a final labor judgment through compromise, and what makes such waivers binding.

Possession by Tolerance: When Using Another's Land Becomes Unlawful

Philippine Supreme Court clarifies when tolerated use of another's land becomes unlawful detainer, and which court has jurisdiction over the case.

Declaration of Presumptive Death: A Summary Proceeding, Not a Special Proceeding

Supreme Court clarifies that a petition to declare a spouse presumptively dead under the Family Code is a summary proceeding, not a special proceeding requiring a record on appeal.

Losing Your Appeal Why Filing ON Time Matters IN Philippine Courts

A judge's administrative liability for gross ignorance and delay, and why losing litigants must appeal rather than complain.

Clear Contract Terms Prevail Over Subjective Intent in Property Disputes

Philippine Supreme Court ruling on sugar quedans clarifies written agreements, damages proof, and interest rules in contract disputes.

Termination vs Rescission: Lease Contract Disputes and Penalties in the Philippines

Philippine Supreme Court clarifies the legal difference between terminating and rescinding a lease contract, and when penalties apply.

Constructive Dismissal: Demotion and Altered Work Conditions as Illegal Termination

When a demotion and altered work schedule make continued employment unreasonable, it amounts to constructive dismissal, entitling workers to backwages and reinstatement.

Upholding Client Trust Attorney Suspended for Misappropriating Settlement Funds

Lawyer suspended six months for misappropriating client's P50,000 settlement funds, violating Canon 16 of the Code of Professional Responsibility.

Commercial Lease vs Residential Tenancy: Right of First Refusal Under Urban Land Reform

When does a long-term lessee get a right of first refusal? The Supreme Court clarifies PD 1517's limits.

Lawyer Suspended for Misusing Client Funds and Failing to Deliver Agreed Services

A lawyer was suspended for six months for misappropriating client funds and failing to appear in administrative hearings. Learn the ethical rules.

When Financial Statements Don't Tell the Whole Story: Retrenchment Must Be Justified by Clear Evidence of Loss

Philippine Supreme Court clarifies that financial statements alone don't justify retrenchment. Employers must prove substantial, actual losses with convincing evidence.

Upholding Notarial Duties Consequences FOR False Acknowledgment AND Jurisdictional Violations

Absenteeism in Public Service: Consequences and Mitigation in Philippine Law

Explore how Philippine law treats absenteeism in public service, the consequences of unauthorized absences, and legal mitigation options.

Clerk of Court Dismissed for Misappropriating Judiciary Funds: Sollesta v. Mission

Supreme Court dismisses a clerk of court for converting P171,450 in judiciary funds, ruling restitution does not erase administrative liability.

Spanish Titles vs Torrens System: Resolving Land Ownership Disputes in the Philippines

Philippine Supreme Court clarifies why Spanish titles can't defeat Torrens titles after PD 892, and who may file quieting of title actions.

Assessed Value vs Market Value: Key to Court Jurisdiction in Property Disputes

Philippine courts decide jurisdiction over property cases by assessed value, not market value. Learn the rule from Hilario v. Salvador.

Abandonment of Tenancy Affirming Land Rights Based on Continuous Cultivation

Philippine Supreme Court clarifies that continuous cultivation and possession can establish land rights, even without formal title.

Jurisdiction in Property Cases: Why Assessed Value Determines the Court

The Supreme Court clarifies that assessed value, not market value, determines which court has jurisdiction over property possession cases.

Regular vs Seasonal Employment: Rights of Sugar Plantation Workers

Supreme Court clarifies when seasonal sugar workers become regular employees entitled to security of tenure and full labor rights.

Trust Betrayed Balancing Employee Rights AND Employer Prerogatives IN Dismissal Cases

A columnist's dismissal raises the appeal bond rule in labor cases. The Supreme Court clarifies when strict compliance may be relaxed.

Certiorari Remedy When Land Bank Questions Just Compensation Ruling

Supreme Court clarifies when Land Bank may use certiorari to question execution of agrarian just compensation awards.

Protecting Workers Rights Employers Cant Block Union Certification Based ON Disputed Registration

Water Rights and Timely Protests: Preserving Order in Water Resource Allocation

The Supreme Court rules that belated protests to water permit applications cannot defeat rights already granted under the Water Code.