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.
When Dismissing an Appeal for Missing a Memorandum Is Wrong: Sanico v. People
The Supreme Court ruled that a trial court cannot dismiss a criminal appeal solely for failure to file a memorandum, as this violates due process.
VAT Refund Denials: Why "Zero-Rated" Must Appear on Invoices
Philippine Supreme Court ruling on VAT refund claims: strict invoicing rules, including the "zero-rated" imprint, determine success.
How Appeals Affect Preliminary Attachments: Jurisdiction and Ancillary Remedies
When a main case is appealed, the trial court loses jurisdiction over the attachment. Learn the rule from Northern Islands v. Garcia.
Practicing Law While Suspended: Consequences and Ethical Considerations
A suspended lawyer who appears as counsel for her husband still practices law. The Supreme Court explains the consequences and ethical duties.
Satisfaction of Judgment and the Right to Appeal: Navigating Mootness in Philippine Labor Law
When paying a labor award does not end the case: the Supreme Court clarifies the mootness doctrine in seafarer disability disputes.
Untimely Appeal: The Finality of HLURB Decisions and Strict Appeal Periods
A Supreme Court ruling underscores that HLURB decisions become final if appeals to the Office of the President are filed late, even by a few days.
Habitual Absenteeism in the Judiciary: When Repeated Unauthorized Absences Lead to Dismissal
Court employees must devote full time to public service. Habitual absenteeism is a grave offense that can result in dismissal, even for first-time offenders.
Res Judicata Bars Repeat Lawsuits Over the Same Ejectment Dispute
A final judgment on the merits, even if later found erroneous, bars a second ejectment suit involving the same parties, property, and cause of action.
Indigency and Access to Courts: Balancing Constitutional Rights with Procedural Rules
The Supreme Court clarifies when counsel's negligence binds clients and why procedural rules on appeals remain jurisdictional.
Notarizing Without Personal Appearance: The Cost of a Breach of Notarial Duty
A notary public who notarizes a deed without the parties appearing before him faces suspension and perpetual disqualification. Learn why.
Death of Accused Pending Appeal: How It Extinguishes Criminal Liability in Drug Cases
The Supreme Court explains how an accused's death pending appeal extinguishes criminal liability, and why drug offenses carry no civil liability.
Presumption of Regularity in Drug Possession Cases and the Effect of an Accused's Death on Appeal
The Supreme Court explains how the presumption of regularity supports drug convictions, and why an accused's death pending appeal can moot a case.
Delivery Disputes When Actions Speak Louder Than Words in Sales Contracts
When a buyer acts like the goods are theirs, Philippine law may treat that as acceptance—even if delivery paperwork is imperfect.
Deportation and Due Process: Ensuring Fair Proceedings for Resident Aliens
The Supreme Court clarifies deportation procedures, appeal remedies, and due process rights for resident aliens facing removal from the Philippines.
Missed Appeal Deadlines in Agrarian Cases: When Negligence Costs the Right to Appeal
The Supreme Court rules on missed appeal deadlines in agrarian disputes, explaining when a motion for reconsideration suspends the period and why certiorari cannot replace a lost appeal.
Sheriffs' Duty to Enforce Writs Promptly: A Lesson in Administrative Liability
When a sheriff repeatedly fails to implement a writ of execution, the Court steps in. Learn the rules on sheriffs' duties and penalties for neglect.
Death Before Final Judgment Extinguishes Criminal and Civil Liabilities
Philippine Supreme Court clarifies that an accused who dies pending appeal has both criminal and civil liabilities extinguished.
Navigating SEC Appeals: Understanding the Scope of Review and Due Process
The Supreme Court clarifies when appellate courts may relax procedural rules and the limits of certiorari review in labor appeals.
Judicial Conduct Upholding Impartiality AND Adherence TO Procedural Rules IN Court Proceedings
The Supreme Court reinstates NLRC dismissals, emphasizing strict compliance with procedural rules in labor appeals and the finality of judgments.
Strict Deadlines in VAT Refund Claims: The 120+30 Day Rule and Its Exceptions
Philippine Supreme Court clarifies the mandatory 120+30 day periods for VAT refund claims, and the BIR ruling that temporarily allowed premature judicial appeals.
Quashing Motions: The Remedy Lies in Trial and Appeal, Not Certiorari
When a motion to quash is denied, the accused must proceed to trial and appeal later—certiorari is not the remedy.
Execution Pending Appeal and Surety Liability: The Imminent Danger of Insolvency Standard
When can a judgment be executed before appeal is final? The Supreme Court clarifies the "good reasons" standard and a surety's exposure on an injunction bond.
Surety Bonds and Execution Pending Appeal: What Lawyers Should Know
A Supreme Court ruling clarifies when execution pending appeal may run against a surety and how far the bond covers damages.
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.