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 2,500 articles for interest

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.

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.

Positive Identification Trumps Alibi: Lessons from People v. Balad

In People v. Balad, the Supreme Court reaffirmed that positive identification by credible witnesses prevails over the defense of alibi in Philippine criminal law.

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.

Equitable Mortgage vs Absolute Sale: Protecting Property Rights in the Philippines

Learn how Philippine courts distinguish equitable mortgages from absolute sales to protect property owners from hidden credit arrangements.

Final Judgments Are Immutable: Goking v. Villaraza on Execution Limits

A final judgment cannot be altered through a motion for execution. Goking v. Villaraza explains the limits of post-judgment remedies.

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.

When Notarizing a Deed of Quitclaim Becomes Grounds for Disbarment

The Supreme Court disbarred a notary public for certifying a Deed of Quitclaim signed by a person who had already died. Learn the rules.

Corporate Identity Crisis CAN A Company Sue Under AN Unregistered Name

Philippine Supreme Court ruling on whether a company can sue under an unregistered corporate name, explained in plain language.

Retroactivity and Creditability of Wage Increases in Collective Bargaining Agreements

Philippine Supreme Court ruling on when CBA wage increases retroact and whether they can be credited against future mandated wage increases.

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.

Back Taxes on Undeclared Improvements: What "Declared for the First Time" Means

The Supreme Court explains when local assessors may impose back taxes on previously undeclared building improvements under PD 464.

Reconstitution of Land Titles: Ensuring Validity and Protecting Property Rights in the Philippines

Learn the strict requirements for judicial reconstitution of lost land titles under R.A. 26 and why non-compliance voids the proceedings.

Piercing the Corporate Veil: When Are Company Officers Liable for Corporate Debts in the Philippines

Philippine Supreme Court ruling on when corporate officers and close corporation stockholders can be held personally liable for separation pay.

Establishing Legal Marriage and Legitimacy in Inheritance Disputes: Balogbog v. Court of Appeals

How Philippine courts presume marriage and legitimacy in inheritance disputes, and what evidence can prove filiation when records are lost.

Constructive Trusts Protecting Beneficiaries From Abuse OF Confidence

Philippine Supreme Court ruling on constructive trusts, fiduciary duty, and remedies for abuse of confidence in property relations.

Who Can Represent a Municipality in Court: The Ramos Doctrine on Unauthorized Counsel

Philippine law limits who may represent a municipality in lawsuits. Learn the rules, exceptions, and effects of unauthorized private counsel appearances.

Redeemable Preferred Shares: When Can a Corporation Refuse Redemption? Philippine Law Explained

Philippine Supreme Court explains when a corporation may refuse to redeem preferred shares, and why stockholders cannot compel redemption.

Losing Control: Understanding Loss of Jurisdiction After Appeal in Philippine Courts

When a case is appealed, the trial court loses jurisdiction. This administrative case explains the rule and its limits.

Mixed Union Membership When Supervisors Cant Join Rank AND File Unions IN THE Philippines

Philippine Supreme Court explains why a union mixing rank-and-file and supervisory employees cannot file for certification election.

Justice Delayed: The Right to Speedy Disposition of Cases in the Philippines

The Supreme Court rules that a six-year delay by the Ombudsman violates the constitutional right to speedy disposition of cases, citing Angchangco.