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 24252448 of 2,527 articles for appeal

Redemption Rights Under the Public Land Act: A Guide for Heirs and Mortgagors

Learn how the two-year redemption and five-year repurchase periods work for foreclosed Public Land Act properties, and what heirs should know.

Vote Buying and Disqualification: Nolasco vs. COMELEC Explained

What happens when a winning candidate is disqualified for vote buying? The Nolasco case clarifies succession and election law.

Redemption After Execution Sale: Ownership Disputes Do Not Stop the Clock

Philippine law gives judgment debtors one year to redeem property sold at execution. Ownership disputes do not suspend that deadline.

Equitable Mortgage vs. Pacto de Retro Sale: When a "Sale" Is Really a Loan

Philippine law presumes certain "sales with right to repurchase" are equitable mortgages, protecting borrowers from unfair lending arrangements.

Right of Repurchase in Philippine Real Estate: Pacto de Retro Rules Explained

Learn the rules on pacto de retro sales and the right of repurchase in Philippine real estate, including annotation duties and judicial requirements.

Overlapping Land Titles in the Philippines: Resolving Ownership Disputes

Learn how Philippine courts resolve ownership disputes involving overlapping land titles, foreclosure, and tenant rights under agrarian reform laws.

Buy-Bust Operations in the Philippines: Entrapment vs. Instigation Explained

Understand the legal line between entrapment and instigation in Philippine buy-bust operations, and what the Supreme Court's ruling in People v. De Vera means for drug cases.

Bail After Conviction When Guilt Imports Denial in Philippine Law

Philippine Supreme Court ruling on rape conviction, credibility of mentally weak victim, denial defense, and bail implications after conviction.

Extrajudicial Settlements and the Protection of Minor Heirs' Rights in the Philippines

Learn how Philippine courts protect minor heirs in extrajudicial settlements, and why a minor's share cannot be lost through prescription or laches.

Conditions vs. Warranties in Philippine Sales Contracts: The Power Commercial Case

Learn how Philippine law distinguishes contract conditions from warranties, and when a seller's failure to deliver possession justifies rescission.

Receivership in the Philippines: When Courts Appoint a Receiver Under Rule 59

Learn when Philippine courts may appoint a receiver under Rule 59, based on the Supreme Court's ruling in Commodities Storage & Ice Plant Corp. v. CA.

When a Wage Order Exemption Fails: The Distressed Establishment Rule

Explaining the Supreme Court ruling on wage order exemptions for distressed establishments and the cut-off for measuring losses.

Lease Abandonment and Tenant Rights: The Paterno v. Court of Appeals Case

The Supreme Court's ruling in Paterno v. Court of Appeals clarifies when a tenant's departure amounts to lease abandonment and what it means for landlords and occupants.

The Duty to Prosecute Appeals: Why Inaction Can Get Your Appeal Dismissed in the Philippines

Philippine law requires appellants to actively prosecute their appeals. Learn why waiting for court notices can lead to dismissal.

Exhaustion of Administrative Remedies: When Can You Skip It?

The Supreme Court explains when exhaustion of administrative remedies is required and when courts may excuse it.

Leasehold Improvements: Lessee Rights and Obligations Under Philippine Law

Understand lessee rights to improvements under Article 1678 of the Civil Code, and why lessees are not builders in good faith.

Motion for Reconsideration: Why a Notice of Hearing Is Crucial in Philippine Courts

A motion for reconsideration without a notice of hearing is pro forma and will not stop the appeal period. Learn the rule and the De la Peña case.

When Is a Lawyer Liable for a Missed Appeal? Lessons from Sattar v. Lopez

The Supreme Court clarifies when a lawyer may be disciplined for a missed appeal, and when the client's own neglect is to blame.

Execution Pending Appeal in Philippine Election Protests: When Can a Winner Take Office Immediately

Philippine Supreme Court ruling on when execution pending appeal is allowed in election protests, and why COMELEC can stop a premature assumption of office.

Failing to Object to Evidence: Waiver Rules in Philippine Criminal Cases

Philippine Supreme Court explains why silence on inadmissible evidence means waiver, and how death before final judgment extinguishes liability.

Dynamite Fishing in the Philippines: Laws, Penalties, and the People vs. Vergara Case

Learn the Philippine law against dynamite fishing, penalties under P.D. 704, and key lessons from People vs. Vergara.

Self-Defense Claims in Parricide and Rape Cases: What the Supreme Court Says

A father convicted of raping his daughter claimed self-defense. The Supreme Court explains why this defense fails in parricide and rape cases.

Forum Shopping in the Philippines: How Duplicate Cases Can Kill Your Labor Claim

Learn how filing duplicate labor cases amounts to forum shopping and leads to automatic dismissal under Philippine rules.

Establishing Paternity in the Philippines: Evidence Beyond DNA

How Philippine courts prove paternity without DNA tests, using letters, birth certificates, and conduct, as shown in Pe Lim v. Court of Appeals.