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 25212544 of 2,616 articles for appeal

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.

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.

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.

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.

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.

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.

Service of Court Decisions in the Philippines: The Laza Case and Due Process

Learn how Philippine courts rule on valid service of decisions, the "sufficient discretion" standard, and the Laza v. Court of Appeals case.

When Court Errors Are Not Misconduct: The Tallado v. Racoma Ruling

The Supreme Court clarifies when a judge's error is a judicial matter, not administrative misconduct, and warns against harassment suits.

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.

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.

Exhaustion of Administrative Remedies: When Can You Skip It

Philippine Supreme Court ruling on when courts may excuse failure to exhaust administrative remedies, and why premature court actions get dismissed.

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.

Ejectment of Possessors by Tolerance: Guardians, Wills, and Unlawful Detainer

Philippine Supreme Court clarifies when a guardian may eject possessors by tolerance, and why an unprobated will does not defeat an unlawful detainer suit.

Withdrawing a Criminal Appeal in the Philippines: Rights and Limits After Conviction

Can a convicted person withdraw a criminal appeal in the Philippines? People v. Redulosa explains the right, limits, and consequences.

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.