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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 1777–1800 of 2,057 articles for “sec”

Unauthorized Pledge of Another's Property: Ownership Prevails in Replevin Action

A son's unauthorized pledge of his father's tractor as security for personal debt fails; the owner's right to recover possession prevails.

Security of Tenure in the Career Executive Service: Eligibility Alone Is Not Enough

CES eligibility alone does not confer security of tenure. Appointment to the appropriate CES rank is also required, as explained in General v. Roco.

Demurrer to Evidence: The Accused's Right vs. the Trial Court's Discretion

A demurrer to evidence tests the prosecution's case, but trial courts hold broad discretion. Learn the limits of this remedy.

Preliminary Investigation: Its Absence and Impact on Criminal Proceedings

When prosecutors skip preliminary investigation, can courts dismiss the case? The Supreme Court clarifies the rule in Villaflor v. Vivar.

Shareholder Rights vs Corporate Discretion: Mandamus and Stock Transfer Recording

Philippine Supreme Court ruling on when a corporate secretary must record stock transfers, SEC jurisdiction, and shareholder rights.

Project Employment vs Regular Employment: Security of Tenure in Construction Projects

Learn when construction workers are project employees and their rights on termination before project completion, based on a Philippine Supreme Court ruling.

Airport Security Checks and Your Rights: The Johnson Case Explained

Understand your rights during airport security frisks in the Philippines, based on the Supreme Court's ruling in People v. Johnson.

The Limits of a Judge's Power in Preliminary Investigation: Lessons from Cabarloc v. Cabusora

A municipal judge cannot downgrade a murder charge or order the release of accused during preliminary investigation—that power belongs to the prosecutor.

No License, No Case: Understanding Illegal Recruitment Convictions in the Philippines

The Supreme Court acquits a recruiter for lack of POEA certification, clarifying the prosecution's burden in illegal recruitment cases.

Limits of Judicial Authority: Understanding Preliminary Investigations in the Philippines

A Supreme Court ruling clarifies that judges conducting preliminary investigations cannot reclassify crimes—that power belongs to the prosecutor.

Reasonable Doubt Prevails Over Frame-Up Defenses in Philippine Drug Cases

How Philippine courts weigh prosecution evidence against frame-up and denial defenses in drug cases, and why reasonable doubt must prevail.

Employee vs Independent Contractor: SSS Coverage for Farmworkers in the Philippines

Philippine Supreme Court ruling on when a "pakyaw (piece-rate) basis considered an employee entitled to compulsory Social Security System (SSS) coverage? The ruling is a reminder that the label used b

Security of Tenure for Philippine Career Executives: Rank vs. Position

Philippine Supreme Court clarifies that career executive service officers hold security of tenure by rank, not by position, allowing reassignment without consent.

Falsifying Credentials Dismissal Upheld FOR Dishonest Public Servants

Supreme Court affirms dismissal of postal employees who falsified educational credentials in their Personal Data Sheets to secure promotions.

Bigamy and Annulment in the Philippines: When Can a Civil Case Stop a Criminal Charge

Learn when a civil annulment case can suspend a bigamy prosecution, based on the Supreme Court ruling in Arthur Te v. Court of Appeals.

Decoding Marginal Deposits: How Contract Clarity Prevents Banking Disputes in the Philippines

Learn from Security Bank v. Transworld how ambiguous trust receipt terms on marginal deposits led to a decade-long dispute.

When a Judicial Decree of Nullity Is Not Required for Remarriage Under the Civil Code

The Supreme Court explains when a void first marriage needs no judicial declaration before a second marriage, under the Civil Code regime.

Bouncing Checks Under B.P. 22: When a Check Used as Loan Security Still Leads to Criminal Liability

The Supreme Court clarifies that issuing a bouncing check is a crime under B.P. 22, even if the check was only security for a loan.

Single Credible Witness Can Secure Conviction: People v. Sabado Explained

A single credible eyewitness can convict in Philippine courts. Learn how People v. Sabado demonstrates the quality-over-quantity principle in evidence.

Bouncing Checks and Due Process: Why Notice of Dishonor Is Crucial in BP 22 Cases

The Supreme Court acquits check issuers where the prosecution failed to prove notice of dishonor, underscoring due process in BP 22 cases.

Treachery and Conspiracy in Philippine Criminal Law: Understanding the Villarba Case

The Villarba case clarifies how Philippine courts treat treachery and conspiracy in murder prosecutions, shaping criminal liability.

Malicious Prosecution: Protecting Reputation and Business Interests From Unfounded Legal Claims

Philippine Supreme Court clarifies when filing a baseless lawsuit becomes malicious prosecution, entitling victims to moral, exemplary, and compensatory damages.

Proving Rape: Why Corroborating Testimony and Victim Behavior Matter in Philippine Courts

A child rape victim's candid testimony and medical evidence secured conviction, but the Supreme Court reduced the death penalty because the information failed to allege the qualifying circumstance of

Premature Filing of Malicious Prosecution Suits: When Can You Claim Damages?

Learn when a malicious prosecution suit can prosper under Philippine law—the key element of final acquittal or dismissal explained.