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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 18913–18936 of 25,394 articles

Rape Conviction Affirmed Despite Procedural Lapses in Parental Incest Case

Supreme Court affirms rape conviction of father but reduces death penalty to reclusion perpetua due to procedural defects in the information.

The Element of Surprise: Defining Treachery in Philippine Murder Cases

The Supreme Court explains when a sudden, unexpected attack qualifies as treachery, elevating a killing to murder under Philippine law.

Upholding Accountability: The Duty of Judges to Resolve Cases Promptly

A Supreme Court ruling on judicial delay in resolving a formal offer of exhibits, and the limits of liability for inaccurate certificates of service.

Upholding Lease Agreements THE Perils OF Forged Deeds AND Unsubstantiated Claims IN Property Disputes

Perfected Contracts and Collateral Sharing Agreements: When a Promise Must Be Kept

The Supreme Court rules on when a collateral sharing agreement is perfected and binding, and why courts cannot compel parties to sign an inexistent contract.

Airline Liability: The Ticket-Issuing Carrier Responsible for Your Entire Journey

Philippine Supreme Court ruling: ticket-issuing airlines are principals in contracts of carriage and liable for the acts of partner carriers on any segment.

Lawyer Suspended for Issuing Bouncing Check to Settle Client's Case

Lawyer who issued a bouncing check to settle a client's civil liability was suspended for two years for deceit and violating the Lawyer's Oath.

Upholding Ethical Standards: Immorality as Grounds for Disciplinary Action Against Court Personnel

A lawyer's issuance of a bouncing check constitutes deceit and gross misconduct, warranting suspension from the practice of law.

Simple Arson vs Destructive Arson: Intent and Degree of Damage in Philippine Law

The Supreme Court clarifies the distinction between simple arson and destructive arson, focusing on intent, degree of damage, and the properties burned.

Rape Conviction Upheld: Mental Capacity and the Meaning of Force and Intimidation

A Philippine Supreme Court ruling explains how force and intimidation in rape are judged, especially when the victim has mental retardation and cannot resist.

Zealous Advocacy Has Limits: Lawyers Reprimanded for Offensive Court Pleadings

Philippine Supreme Court reprimands lawyers for abusive language in pleadings, clarifying the limits of zealous advocacy and privileged communication.

Breach of Trust Dismissal for Misuse of Public Funds by a Court Official

A disbarred lawyer's failed bid to overturn his final judgment leads to indirect contempt and a writ of execution for misused funds.

Finality of Judgment Bars Disbarred Lawyer's Bid to Reopen Case, Court Holds

Disbarred lawyer's attempt to reopen final judgment fails; Court cites contempt and orders execution of PHP 4.1M restitution.

Work-Related Injury? Basketball on Board a Vessel and Seafarer Disability Claims

The Supreme Court held that a seafarer injured during a basketball game on board a vessel may claim disability benefits under the Bunkhouse Rule.

Rape and Intimidation: Why the Absence of Resistance Does Not Mean Consent

The Supreme Court ruled that a rape victim need not resist to the death; submission brought about by intimidation is not consent under Philippine law.

Title Registration Indefeasibility CAN CO Heirs Challenge A Registered Title

Real vs Personal Actions: Mortgage Release Suits and Court Jurisdiction

When is a suit to release a mortgage a real or personal action? The Supreme Court clarifies jurisdiction rules in FEBTC v. Plaza.

Rape Conviction Affirmed: Consent Not Inferred From Lack of Resistance Under Threat

Philippine Supreme Court affirms rape conviction, ruling that submission under threat of a knife is not consent, and upholds moral damages award.

Rape Conviction Affirmed: Minor Inconsistencies in Testimony Do Not Impair Credibility

The Supreme Court affirms a rape conviction, ruling that trivial inconsistencies in a victim's testimony and the absence of vigorous resistance do not signify consent.

Judicial Discretion vs Delay: Balancing Justice and Efficiency in Philippine Courts

Philippine Supreme Court clarifies when court delays warrant administrative liability, distinguishing error from bad faith in judicial discretion.

Upholding Ejectment Demand Sufficiency Despite Reconveyance Suit

Philippine Supreme Court clarifies ejectment rules: demand allegations, reconveyance pendency, and supersedeas bond requirements in unlawful detainer cases.

Sale and Leaseback as Disguised Loan: When Financial Leasing Is an Equitable Mortgage

Philippine Supreme Court clarifies when a sale and leaseback is a disguised loan secured by chattel mortgage, not a true financial lease.

When a Sale-Leaseback Is Really a Loan: Cebu Contractors Consortium v. Court of Appeals

The Supreme Court ruled that a sale-leaseback arrangement was actually an equitable mortgage, not a true financing lease, and ordered the contract reformed.

Accountability in Public Service: Reassessing Penalties for Malversation of Funds

The Supreme Court clarifies the elements of malversation and corrects the penalty imposed on a city cash clerk who failed to deposit public funds.