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.
When a Lawyer Buys the Client's Land: Breach of Fiduciary Duty in Property Acquisition
A lawyer who bought property his clients had already purchased breached his fiduciary duty. The Supreme Court explains why.
Independent Civil Actions and Criminal Liability: Prejudicial Questions in Estafa Cases
When does a civil case suspend a criminal prosecution? The Supreme Court clarifies the prejudicial question rule in estafa cases.
Heirship Disputes Must Be Resolved in Special Proceedings, Not Ordinary Civil Actions
Philippine Supreme Court clarifies that determining legal heirs requires a special proceeding, not an ordinary action for reconveyance.
Salary Standardization Incumbency Determines RATA Entitlement
Philippine Supreme Court clarifies that RATA benefits under the Salary Standardization Law apply only to incumbents as of July 1, 1989.
Perfecting Appeals Strict Compliance With Rules OF Court IS Mandatory
Learn how the Supreme Court ruled on writs of possession, third-party adverse claims, and strict procedural compliance in extrajudicial foreclosures.
Chain of Custody in Drug Cases: Integrity Over Strict Compliance
The Supreme Court clarifies that substantial compliance with Section 21, RA 9165 suffices when the drug's integrity and evidentiary value are preserved.
When Can Courts Dismiss a Case for Failure to Prosecute? A Land Registration Lesson
The Supreme Court clarifies the limited grounds for dismissing a case for failure to prosecute, using a land registration dispute as the backdrop.
Motion for Reconsideration Before Certiorari: The Novateknika Rule
Philippine courts require a motion for reconsideration before filing certiorari. Learn the rule, its exceptions, and why it matters.
Movable or Immovable: How Mortgage Agreements Define Property in Foreclosure
A Supreme Court ruling on whether machineries are movable or immovable property in mortgage foreclosures, explained in plain language.
Annulment of Judgment: Extrinsic Fraud and Due Process in Property Disputes
When a property owner loses title without notice, annulment of judgment may lie. The Supreme Court clarifies extrinsic fraud and due process rules.
Reconveyance and Good Faith: When a Torrens Title Is Not Enough
Philippine Supreme Court rules that a Torrens title obtained in bad faith may be defeated by an action for reconveyance by one with a better right.
Unraveling Estafa: The Supreme Court's Stance on Misappropriation and Probable Cause
A look at Burgundy Realty v. Reyes, where the Supreme Court clarified the elements of estafa and the low bar for probable cause in preliminary investigations.
Jurisdiction Defined: Mixed Questions of Law and Fact in Appeals
The Supreme Court clarifies when an appeal raises mixed questions of law and fact, and why jurisdiction depends on the nature of the issues raised.
Foreclosure vs Rehabilitation: When a Stay Order Takes Effect
A stay order in corporate rehabilitation does not undo a foreclosure completed before the petition. Ownership matters.
Unlocking VAT Refunds: The Transitional Input Tax Credit Principle in Philippine Law
Philippine Supreme Court clarifies that prior tax payment is not required to claim the 8% transitional input tax credit under the NIRC.
Revival of Judgment: When Does the Clock Start Ticking on Prescription in Civil Actions?
Learn when the 10-year prescriptive period for reviving a judgment starts and how interruptions affect the deadline, explained in plain language.
CBA Loan Benefits vs Bank Policy: When Management Rules Violate the Agreement
SC rules on when a bank's "no negative data bank" policy for employee loans violates the existing CBA. Learn the limits of management prerogative.
Dragnet Clauses and Foreclosure: Defining the Limits of Mortgage Security in the Philippines
A bank cannot inflate a foreclosure redemption price using a dragnet clause. The Supreme Court explains the limits of mortgage security.
Corporate Rehabilitation Separate Juridical Personality Prevails Over Third Party Mortgages
Supreme Court clarifies that corporate rehabilitation stay orders do not cover properties owned by third-party mortgagors.
Ratification Validates Unauthorized Acts: Agency Law in Philippine Mortgages
Explaining how ratification under Philippine law validates an agent's unauthorized mortgage acts, as ruled in Prieto v. Court of Appeals.
Foreshore Land and Private Ownership: Clarifying Property Rights in the Philippines
A 2012 Supreme Court ruling clarifies that foreshore land belongs to the State, not private owners, and explains why the petition failed.
Clarification vs. Amendment: When a Final Judgment Can Still Be Explained
Philippine courts can clarify final judgments but not amend them. Learn the distinction from Spouses Mahusay vs. B.E. San Diego, Inc.
Attempted Estafa in the Philippines: Proving Intent to Defraud and Penalties
Learn how Philippine courts prove intent to defraud in attempted estafa cases, the elements of the crime, and the applicable penalties under the Revised Penal Code.
Probating Foreign Wills in the Philippines: A Step-by-Step Guide
Learn how to probate a foreign will in the Philippines, including the legal requirements, court process, and practical steps for heirs and executors.