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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Writ of Preliminary Mandatory Injunction in Property Disputes: Protecting Possession Rights
When can a court issue a writ of preliminary mandatory injunction to restore possession in property disputes? The Supreme Court explains in Castro v. Se.
Due Process Prevails: How Motions for Reconsideration Can Cure Procedural Lapses in Writ of Possession Cases
Supreme Court clarifies that a motion for reconsideration can cure a trial court's procedural lapse in granting a writ of possession without prior hearing.
Writ of Execution in the Philippines: A Sheriff's Duty and Liability for Neglect
Explaining a sheriff's ministerial duty in executing writs, and the administrative liability for neglect, based on a Supreme Court ruling.
When Amparo Fails Balancing Rights AND Evidence IN Disappearance Cases
The writ of amparo protects life, liberty, and security. But what happens when the evidence is weak or the case is moot? This article explains the limits of amparo relief in Philippine courts.
When Sheriffs Cross the Line: Execution Without a Demolition Order
A sheriff demolished a house using only a writ of execution, without a demolition order. The Supreme Court explains the limits.
Protecting Possessory Rights When A Writ Of Possession Cannot Override Third Party Claims
When a third party actually possesses foreclosed property under an adverse claim, a writ of possession is not ministerial. Learn the rule.
Dismissal for Repeat Offenses: Enforcing Ethical Conduct in Writ Enforcement
A sheriff's second offense for mishandling execution expenses leads to dismissal, underscoring strict rules for sheriffs.
Change Orders Without Written Consent: Contractual Obligations in Construction Disputes
Philippine Supreme Court ruling on change orders, written consent, and contractual obligations in construction disputes under Article 1724.
Habeas Data vs. Employment Disputes: The MERALCO Transfer Case
The Supreme Court clarifies when the writ of habeas data protects privacy—and when labor disputes belong instead to the NLRC.
Bank Not Subsidiarily Liable Without Clear Obligation: Prudential Bank v. Abasolo
Supreme Court rules a bank is not subsidiarily liable for a loan officer's alleged promises absent a clear obligation or written request.
Balancing Security and Privacy: The Supreme Court on Amparo, Habeas Data, and Enforced Disappearance Claims
The Supreme Court clarifies the limits of amparo and habeas data writs in Roxas v. Arroyo, balancing security, privacy, and state accountability.
Conjugal Property Sale Without Spousal Consent Is Void, Not Just Voidable
A sale of conjugal property without the other spouse's written consent is void under the Family Code. Buyers must verify the seller's authority to sell.
Unjust Enrichment: Security Agency Must Return Illegally Garnished NFA Funds
Supreme Court rules security agency must return P8.4M garnished from NFA under a void writ of execution, citing unjust enrichment.
Rehabilitation Stay Orders and Foreclosure Rights: The Equitable PCI Bank v. DNG Realty Ruling
When a corporate rehabilitation stay order does not stop post-foreclosure steps like title consolidation and writs of possession.
Resignation vs Constructive Dismissal: When a Written Resignation Is Not Voluntary
When is a resignation letter not a true resignation? The Supreme Court explains constructive dismissal and employer liability.
Bouncing Checks and the Demand Letter: When Notice Establishes Liability Under B.P. 22
The Supreme Court clarifies when a written demand letter suffices to establish liability for bouncing checks under B.P. 22, even without itemizing each check.
Extraordinary Diligence IN Enforced Disappearances THE Burgos Case AND THE Writ OF Amparo
Writ of Possession in Foreclosure: When Issuance Is Ministerial
Philippine Supreme Court clarifies that writ of possession issuance after foreclosure is ministerial, not discretionary, for the purchaser.
Writ of Possession: Validity of Mortgage Cannot Be Challenged in Possession Proceedings
Philippine Supreme Court ruling: courts must issue writs of possession ministerially after foreclosure; mortgage validity challenges belong in separate actions.
Sheriffs' Duty of Care in Implementing Writs: Lessons from Tomboc v. Velasco
When a sheriff demolishes the wrong property, who pays? The Supreme Court clarifies sheriffs' duty of diligence in writ implementation.
Agency and Authority: Why a Written Mandate Is Paramount in Real Estate Sales
Philippine Supreme Court ruling on why an agent's authority to sell land must be in writing, or the sale is void.
Writ of Possession and Foreclosure: When a Threat to Foreclose Does Not Vitiate Consent
Supreme Court ruling on extrajudicial foreclosure, simulated contracts, and why a threat to enforce a legal claim does not vitiate consent.
Mortgage Validity and Writ of Possession: Upholding Contracts Absent Vitiated Consent
Philippine Supreme Court ruling on writ of possession in foreclosure, contract validity, and consolidation of cases explained in plain language.
Spousal Consent in Conjugal Property Disposition Under the Family Code
The Supreme Court explains why a spouse cannot sell conjugal property without the other's written consent, and what buyers must verify.