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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 21241–21264 of 25,394 articles

Fair Rental Value in Unlawful Detainer: Key Lessons from Catungal v. Hao

How Philippine courts determine fair rental value when a lease expires, based on the Supreme Court's ruling in Catungal v. Hao.

Ombudsman's Power to Prosecute Public Officials in All Courts Explained

The Supreme Court clarifies that the Ombudsman can investigate and prosecute public officials in both the Sandiganbayan and regular courts.

Entrapment vs Instigation: Due Process in Drug Sale Arrests

Philippine Supreme Court clarifies entrapment vs instigation in drug busts, affirming a buy-bust conviction for shabu sale.

Judicial Efficiency Judges Must Resolve Cases Promptly OR Face Administrative Sanctions

Prescription IN Annulment OF Contracts When Silence Isnt Golden

Court Funds in Personal Accounts: A Lesson in Public Fiduciary Duty

Court employee fined for depositing court-entrusted funds in personal account. A lesson on public trust and ethics.

Judges Must Resolve Cases Within 90 Days or Face Administrative Sanctions

Supreme Court reminds judges to decide cases within 90 days, penalizing delay with fines for gross inefficiency.

Government Accountability Unauthorized Asset Sales and Recovery of Funds

The Supreme Court rules on the validity of unauthorized sales of sequestered assets and the government's obligation to return proceeds.

Retroactivity of Procedural Rules: Clarifying the Timeline for Certiorari Petitions

The Supreme Court clarifies that amended procedural rules on the 60-day certiorari period apply retroactively to pending cases.

Defective Notice of Appeal and Due Process: Lessons from Fajardo v. Court of Appeals

A defective motion without notice of hearing is a scrap of paper; appeal period runs from counsel's receipt of judgment.

Rape Conviction Affirmed: Credibility of Minor Victim’s Testimony in Rape Cases

The Supreme Court affirms a rape conviction, underscoring that a minor victim's straightforward testimony prevails over alibi and denial.

Certiorari 60-Day Period Counted From Denial of Reconsideration

The Supreme Court clarifies that the 60-day certiorari period runs from denial of reconsideration, applying procedural rules retroactively.

Forum Shopping in the Philippines: When Filing Separate Cases Becomes Improper

Learn when filing separate cases becomes improper forum shopping in the Philippines, based on recent Supreme Court jurisprudence.

Land Dispute Jurisdiction: How Assessed Value Decides Where to File

The Supreme Court in Aliabo v. Carampatan explains when a municipal trial court may hear a land dispute and why assessed value determines jurisdiction.

When the Supreme Court Corrects Aggravating Circumstances in Murder Convictions

A look at People v. Cachola, where the High Court affirmed murder convictions but corrected the trial court's appreciation of aggravating circumstances.

Witness Credibility and Positive Identification in Murder Cases: The Cachola Case

Learn how Philippine courts weigh witness credibility, positive identification, and alibi defenses in murder cases through the Cachola ruling.

Parental Authority vs Child's Well-Being: Redefining Attempted Rape Boundaries

Supreme Court clarifies when rape is attempted, not consummated, and splits appellate jurisdiction in father-daughter abuse case.

Statutory Rape Consenting Does NOT Matter When THE Victim IS Underage

Explaining why consent is irrelevant in statutory rape, and how Philippine courts distinguish attempted from consummated rape.

City of Quezon v. Lexber: Contract Validity Despite Procedural Lapses

SC rules city contracts valid when entered under statutory authority, even without prior council appropriation.

Familial Betrayal and the Burden of Proof: Rethinking Rape Convictions in the Philippines

In People v. Freta, the Supreme Court reduced a father's death sentence to reclusion perpetua because the prosecution failed to prove his daughter's minority.

Reasonable Doubt and Inconsistent Testimony: Acquittal in People v. Lavapie

The Supreme Court acquitted two murder accused after finding material inconsistencies between witness testimony and physical evidence, reaffirming the reasonable doubt standard.

Rape, Parental Authority, and Moral Ascendancy in Child Abuse Cases

How moral ascendancy and parental authority establish force in rape cases, and why the Supreme Court reduced the death penalty.

Prior Use and Confusing Similarity in Trademark Cancellation Cases

Philippine Supreme Court explains prior use, confusing similarity, and the Paris Convention in trademark cancellation disputes.

Judicial Ethics Under Scrutiny: Accountability for Misconduct Outside the Courtroom

A look at how the Supreme Court treats judicial misconduct committed outside court, and what it means for public trust in the judiciary.