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.

Showing 217240 of 414 articles for procedure

Res Judicata and Land Ownership: When a Criminal Ruling Does Not Bind a Civil Case

A criminal conviction for theft does not automatically settle land ownership in a separate civil case. Learn how res judicata applies.

Implied Admission in Philippine Law: Navigating Requests for Admission in Civil Cases

When does a failure to respond to a Request for Admission trigger implied admission? The Supreme Court clarifies the limits under Rule 26.

Demand Is Key to Rescission Rights in Philippine Contract Law

Philippine Supreme Court clarifies that demand is essential before rescission or foreclosure rights can be exercised under contract law.

Limits of DARAB Jurisdiction: Certiorari Power and Agrarian Dispute Resolution

Supreme Court clarifies DARAB jurisdiction limits, certiorari power, and the finality of agrarian dispute decisions in just compensation cases.

Certiorari as a Substitute for Appeal: Navigating Procedural Missteps in Philippine Courts

Learn when certiorari can replace an appeal in Philippine procedure, and how the Supreme Court treats loss of trust and confidence in dismissals.

Forum Shopping and Dismissed Cases: What the Benedicto Ruling Means for Refiled Complaints

The Supreme Court clarifies when a withdrawn case must be disclosed in a certification against forum shopping, and what litis pendentia requires.

Lump Sum vs. Unit Price in Land Sales: The Del Prado v. Caballero Rule

Philippine land sale disputes often hinge on lump sum versus unit price contracts. The Supreme Court's ruling in Del Prado v. Caballero clarifies the rules.

Employer Liability for Employee Negligence: Proving Due Diligence in Philippine Law

When can an employer be held liable for an employee's negligence? The Supreme Court explains the due diligence defense in Philippine Hawk v. Lee.

Barangay Boundary Disputes: Why Cadastral Maps Beat Tax Records

In boundary disputes between barangays, the Supreme Court gives greater weight to cadastral maps approved by the Director of Lands than to tax declarations.

Perfecting Appeals: The Jurisdictional Requirement in Estate Proceedings

Why filing both a notice of appeal and record on appeal is jurisdictional in estate cases, and what happens when a party fails to perfect an appeal.

Upholding Judicial Authority: Dismissal for Sheriff's Misconduct and Disobedience

A sheriff who levied on property not owned by the judgment debtor and defied court orders was dismissed from service for grave misconduct and insubordination.

Jurisdiction in Swindling Cases: How Penalties Determine the Proper Court

Philippine Supreme Court ruling explains how penalties and fines determine which court hears swindling cases under the Revised Penal Code.

Sangguniang Bayan Concurrence in Municipal Appointments: A Mandatory Requirement

The Supreme Court ruled that municipal appointments require Sangguniang Bayan concurrence; without it, the appointment is invalid regardless of tenure.

Solidary vs Joint Obligations: When Liability Is Not Presumed in Philippine Law

Philippine Supreme Court clarifies that solidary obligations are not presumed; joint debtors are liable only for their proportionate shares.

Habeas Corpus and Valid Court Judgments: When the Writ Is Denied in the Philippines

Philippine Supreme Court clarifies when habeas corpus petitions are denied despite procedural leniency, emphasizing valid judgments and pending cases.

Appeal Memorandum Deadlines: Why Missing Them Can Cost Your Case

Missing the 15-day appeal memorandum deadline can end your appeal. Learn the strict rules and what the Supreme Court says about excuses.

Sheriff Dismissed for Unauthorized Auction and Falsified Sale Certificate

A sheriff who conducted an auction without authority and falsified a certificate of sale was dismissed from service for grave misconduct.

Illegal Dismissal: Proving Valid Cause and the Right to Reinstatement and Backwages

Learn the rules on illegal dismissal, valid cause, and the employee's right to reinstatement and backwages from this Philippine Supreme Court case.

Horse Racing Regulation: Philracom's Power to Ensure Fair and Safe Races

The Supreme Court upholds Philracom's authority to issue rules and directives for the horse racing industry, including measures to eradicate Equine Infectious Anemia.

Rehabilitation Petitions Technical Insolvency AND Creditors Rights IN Corporate Recovery

Philippine Supreme Court clarifies when a technically insolvent corporation may file for rehabilitation and how creditor rights are affected.

PCG Disciplinary Authority: Supreme Court Upholds Coast Guard’s Separate Administrative System

Supreme Court affirms the PCG Efficiency and Separation Board’s power to discipline uniformed personnel, distinct from civil service rules.

Debt Recovery Execution: Waiver of Demand and Proving Overlevy

Learn when a sheriff's failure to demand payment is excused and how to prove overlevy in execution sales under Rule 39.

Injunctions in Ejectment Cases: Balancing Property Rights and Public Service

When can an ejectment judgment be stayed? City of Naga v. Asuncion shows how courts balance property rights against disruption of public services.

Estafa by False Pretenses: Proving Fraud Beyond Reasonable Doubt in the Philippines

Learn how Philippine courts prove estafa by false pretenses, using the Rizza Lao case to explain the elements, burden of proof, and penalties.