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.
Execution Pending Appeal and Surety Liability: Lessons from Centennial Guarantee v. Universal Motors
Explaining when Philippine courts allow execution pending appeal and how a surety's liability on an injunction bond is limited.
Lawyer Suspended for Misappropriating Client Funds in Breach of Fiduciary Duty
A lawyer's failure to account for and return client funds collected on behalf of a client constitutes gross misconduct warranting suspension.
Mergers and Documentary Stamp Tax: Clarifying Tax Obligations in Corporate Restructuring
The Supreme Court clarifies when documentary stamp tax applies to property transfers in corporate mergers under the National Internal Revenue Code.
Maceda Law Rights of Installment Buyers in Real Estate Contracts
The Supreme Court explains how the Maceda Law protects installment buyers, including the required cash surrender value before contract cancellation.
Res Judicata in Corporate Rehabilitation: Final Judgments Bar Relitigation
Explore how the Supreme Court applied res judicata to bar relitigation of an approved corporate rehabilitation plan, ensuring finality.
Written Stipulation Is Key: Enforceability of Loan Interest Agreements in the Philippines
Philippine Supreme Court clarifies when 12% interest applies versus 6% in construction disputes, emphasizing written stipulations.
Treble Costs Under Rule 65: When Courts May Penalize Frivolous Petitions
The Supreme Court clarifies that treble costs under Rule 65 are discretionary, requiring clear justification, not automatic penalties.
Partial Payment of Filing Fees in BP 22 Cases: The Supreme Court’s Ruling on Access to Justice
The Supreme Court allows complainants in multiple BP 22 cases to pay filing fees per case, ensuring access to justice.
Reinstatement vs Return to Work: Clarifying Employment Rights After a Transfer
A Supreme Court ruling clarifies that reinstatement only applies to illegal dismissal, while a valid transfer requires a return to work order.
Backwages and Reinstatement Rights for Illegally Dismissed Employees in the Philippines
Learn the reinstatement and backwages rights of illegally dismissed employees in the Philippines, including the Wenphil Corporation ruling.
Attorney Accountability: Negligence in Handling a Client's Appeal and Ethical Responsibilities
A lawyer's failure to file an appeal brief on time leads to suspension, reinforcing the duty of diligence in legal representation.
Continuing Suretyship in the Philippines: Liability for Future Debts Explained
Learn how the Supreme Court upheld a surety's liability for future debts under a Continuing Suretyship, and when courts may reduce attorney's fees.
When an Agent's Mortgage Signed in Own Name Does Not Bind the Principal
A mortgage signed by an agent in a personal capacity, without indicating agency, binds only the agent, not the principal.
Surety Bonds Survive Debt Extension: Key Supreme Court Ruling on Article 2079
Extension of a principal's debt without a surety's consent does not automatically extinguish surety bonds, per the Supreme Court.
Breach of Fiduciary Duty Banks Must Uphold Transparency in Trust Accounts
Philippine Supreme Court ruling on Land Bank v. Oñate clarifies banks' fiduciary duties, transparency obligations, and liability for undocumented trust account withdrawals.
SEC Suspension Order as a Valid Defense in B.P. 22 Cases: Gidwani v. People
When a lawful SEC suspension order precedes check presentment, the drawer may be excused from B.P. 22 liability.
Writ of Possession After Foreclosure: When the Surplus Must Be Returned
Philippine Bank of Communications v. Yeung clarifies when a writ of possession issues after foreclosure and how sale surpluses are handled.
Employer's Duty to Recall Employees After Six-Month Suspension of Operations
Philippine Supreme Court clarifies that a bona fide suspension of business operations beyond six months makes employee termination illegal unless workers are recalled.
Maceda Law Protecting Installment Buyers From Improper Contract Cancellations
Learn how the Maceda Law protects installment buyers from improper contract cancellations and what the Supreme Court said about buyer rights.
Incidental Fraud Damages FOR Exclusion From Corporate Management
Explaining the Supreme Court's ruling in Tankeh v. DBP on incidental fraud, damages, and exclusion from corporate management.
When Checks Prove a Loan: The Supreme Court Ruling on Evidence of Indebtedness
The Supreme Court clarifies when checks alone establish a loan obligation and shift the burden of proof to the debtor under Philippine law.
Equitable Mortgage Ruling Reasserts Mortgagor Rights in Property Disputes
Supreme Court clarifies that in equitable mortgages, reconveyance to the mortgagor is the principal remedy—not payment of fair market value.
Novation, Verification, and Real Party in Interest: Lessons from S.C. Megaworld v. Parada
Explaining when accepting third-party payments does not release the original debtor, and why procedural objections must be raised early.
Double Insurance Claims: When CBA Hospitalization Benefits Exclude Other Insurer Payments
Philippine Supreme Court rules on whether CBA hospitalization benefits can be claimed alongside other health insurance payments. Key ruling explained.