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 30253048 of 4,686 articles for information

Illegal Dismissal: Abandonment Defense Fails, Backwages Still Due

Philippine Supreme Court ruling on illegal dismissal, abandonment defense, and the right to full backwages even when separation pay is awarded.

Disqualification and Succession in Local Elections: The Sinsuat Case

Explaining the Supreme Court ruling on disqualification of winning candidates, ballot appreciation, and succession rules in Philippine local elections.

Fraud Voids Donations: Protecting Consent in Property Transfers

Philippine Supreme Court ruling on how fraud and misrepresentation invalidate donations, protecting illiterate donors' consent in property transfers.

Stare Decisis in Philippine Courts: How Prior Rulings Bind Future Cases

The Supreme Court applies stare decisis to bar relitigation of the Pepsi The decision demonstrates how prior rulings on the same controversy can bar subsequent claims and promote consistency in the ad

Equitable Mortgage vs Absolute Sale: What Philippine Courts Look For

When is a deed of sale really a mortgage? The Supreme Court explains the rules on equitable mortgage in Cirelos v. Hernandez.

Unsigned Stipulations in Mortgages: Philippine Supreme Court Upholds Consent as Key

Philippine Supreme Court rules a mortgage stipulation inserted after signing without the mortgagor's consent is void ab initio.

Deficiency Judgments in Philippine Foreclosure: Can Banks Recover More After Auction?

Philippine Supreme Court clarifies when banks can collect deficiency after extrajudicial foreclosure of real estate mortgages.

When Government Salaries Can Be Withheld: The Santiago COA Ruling

The Supreme Court clarifies when COA may withhold a government employee's salary for an alleged cash shortage, and when it cannot apply the withheld amounts.

Demand NOT Always Needed When Philippine Banks CAN Foreclose Without Prior Notice

Philippine Supreme Court clarifies when banks may foreclose without prior demand, and limits on preliminary injunctions against foreclosure.

Protecting Your Inheritance: Why Heirs' Consent Matters in Estate Partition

Learn how the Supreme Court protects heirs' inheritance rights in estate partition, and why an administrator's failure to follow the decedent's will amounts to extrinsic fraud.

Proving Land Ownership in the Philippines: Tax Declarations and Cadastral Surveys in Quieting Title Cases

Learn how tax declarations, cadastral surveys, and possession determine ownership in Philippine land disputes, based on a Supreme Court ruling.

Unconscionable Interest Rates When Courts Intervene in Surety Bond Disputes

Philippine courts can reduce stipulated interest rates that balloon beyond the principal debt. Learn the rule from a 2006 surety bond case.

Interest on Maritime Liens in the Philippines: When Does the Clock Start Ticking?

Philippine Supreme Court clarifies when legal interest on a maritime lien begins to accrue—from extrajudicial demand, not from foreclosure sale.

Protecting Landowner Rights Due Process and Just Compensation in Agrarian Reform

Learn how the Supreme Court balanced landowner due process rights with farmer-beneficiary qualifications in agrarian reform cases under RA 6657.

Regular Employment Status: When a Probationary Employee Becomes Regular

Understand when a probationary employee becomes regular under Philippine law, based on the Supreme Court's ruling in Dusit Hotel Nikko v. Gatbonton.

Exhausting Administrative Remedies with the COA: A Prerequisite for Money Claims Against Government Agencies

Philippine Supreme Court ruling clarifies that money claims against government agencies must first be filed with the COA before going to court.

Counterclaims and Forum Shopping: Why No Certification Is Needed for Defenses

Learn when a forum shopping certification is required in Philippine civil cases—and why counterclaims and defenses are exempt under the rules.

When a Lawyer's Negligence Leads to Suspension: The Adecer v. Akut Case

A lawyer who misses the deadline for filing a client's petition for probation faces administrative liability, even if the client was also negligent.

DARAB Jurisdiction Covers Agrarian Disputes Beyond Landlord-Tenant Relationships

Supreme Court clarifies DARAB jurisdiction extends to all agrarian disputes, including joint production agreements under CARP, not just traditional landlord-tenant cases.

Documentary Stamp Tax on Pawnshop Pledges: A Clear Guide

The Supreme Court confirms pawnshop pledges are subject to documentary stamp tax under the National Internal Revenue Code. Learn the rules.

Attorney Negligence in the Philippines: Upholding Client Trust and Diligence

A lawyer's failure to file a memorandum and return a client's money order leads to reprimand, reaffirming duties of diligence and fidelity.

Attorney's Fees in Estate Settlement: When Can Lawyers Directly Claim From the Estate?

Learn when lawyers may directly claim attorney's fees from an estate in the Philippines, based on Supreme Court rulings and estate settlement rules.

Discernment of Minors in Philippine Criminal Law: Juvenile Responsibility Explained

A 12-year-old's rape conviction upheld by the Supreme Court, clarifying when minors act with discernment under Philippine law.

Proximate Cause in Homicide Cases: Lessons from Operiano v. People

The Supreme Court explains when a kick that leads to a fatal fall constitutes homicide, clarifying proximate cause rules in the Philippines.