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.

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Squatters Rights vs Absentee Landlords: Resolving Land Disputes in Urban Reform

Philippine Supreme Court ruling on absentee landowners vs renters in urban land reform, explaining who qualifies for lot awards under the Zonal Improvement Program.

Resignation vs Retrenchment: When Are Retirement Benefits Required?

Supreme Court clarifies when resigned employees can claim retirement benefits, distinguishing voluntary resignation from retrenchment in Kimberly-Clark case.

Default and Foreclosure: When Accepting Late Payments Waives the Right to Foreclose

A lender who accepts late and partial payments after a borrower's default may waive the right to foreclose. Learn the rule from this Philippine case.

Finality of Judgments: Why Prior Dismissals Can Prevent New Lawsuits

A dismissed case can bar a refiled lawsuit. The Supreme Court explains the doctrine of res judicata and finality of judgments.

Possession Is Nine Tenths of the Law: Enforceability of a Writ of Possession During Appeal

Philippine Supreme Court clarifies when a writ of possession in extrajudicial foreclosures can be enforced even while an appeal is pending.

Loss of Redemption Rights: Inheriting Property After Mortgage Foreclosure in the Philippines

When a mortgaged property is foreclosed and not redeemed, heirs lose inheritance rights. The Supreme Court explains why.

Shareholder Derivative Suits: Venue and Procedure Under Philippine Rules

Learn how Philippine courts determine venue for shareholder derivative suits and why procedural choices like certiorari vs. appeal matter.

Mortgagor's Stipulated Right to Notice Prevails in Foreclosure Proceedings

Supreme Court rules banks must honor contractual stipulations requiring personal notice to mortgagors before extrajudicial foreclosure, or risk nullifying the sale.

Perfected Contract to Sell vs Cancellation for Default: Lessons from Traders Royal Bank v. Cuison

When is a contract to sell perfected, and when can a seller cancel it for default? The Supreme Court clarifies in Traders Royal Bank v. Cuison.

Redundancy, Retrenchment, and Strikes: Lessons from the Hyatt Regency Manila Case

The Supreme Court balances valid downsizing against illegal strikes, explaining redundancy, retrenchment, and quitclaims in the hotel industry.

Possession vs Ownership: Writ of Possession and Third-Party Claims in Philippine Foreclosures

A writ of possession is ministerial only against the mortgagor. Third parties with adverse claims must be heard first.

Speedy Trial Rights When Agreement Nullifies Delay In Securities Act Cases

Supreme Court ruling on when an accused's agreement to defer trial negates claims of speedy trial violation in securities cases.

When Foreclosure Is Not Bad Faith: DBP v. Doyon on Mortgagee Rights

Supreme Court clarifies when a bank's foreclosure after withdrawing an earlier case is not bad faith, and upholds mortgage possession and auction rules.

Navigating the Boundaries of Forum Shopping: Ensuring Integrity in Legal Advocacy

A lawyer's filing of two annulment cases raises forum shopping questions. The Supreme Court clarifies the rule and its limits.

Newspaper Circulation and Foreclosure: Ensuring Public Notice in Property Sales

Supreme Court nullifies foreclosure sale because notice was published in a newspaper not circulated in the city where the property was located.

Rehabilitation Petitions Technical Insolvency AND Creditors Rights IN Corporate Recovery

Philippine Supreme Court clarifies when a technically insolvent corporation may file for rehabilitation and how creditor rights are affected.

Honesty Matters: Dismissal for False Statements in Government Job Applications

The Supreme Court ruled that false declarations in a Personal Data Sheet constitute dishonesty and falsification, warranting dismissal from government service.

Peace vs. the Constitution: Delineating Executive Power in Ancestral Domain Agreements

The Supreme Court ruled the MOA-AD unconstitutional, limiting the executive's power to bind the state in peace agreements.

Insider Trading Rules Stand Even Without Implementing Rules, High Court Rules

Supreme Court clarifies insider trading provisions are self-executing and enforceable even without implementing rules, protecting investors.

Notarizing Without a Commission: When a Lawyer’s Mistake Becomes Malpractice

The Supreme Court suspends a lawyer for notarizing documents after his commission expired, ruling that ignorance or reliance on staff is no excuse.

Executive Privilege vs Senate Inquiries: The Neri Doctrine on Presidential Communications

The Supreme Court upholds presidential communications privilege in Senate inquiries, balancing executive confidentiality against legislative oversight powers.

Upholding Workers Rights Illegal Dismissal AND THE Limits OF Corporate Discretion IN Labor Disputes

Supreme Court affirms illegal dismissal ruling against Purefoods for union busting, clarifies corporate procedural rules in labor disputes.

Upholding Due Process for Workers: When Business Closure Is a Subterfuge

Business closures must be bona fide. The Supreme Court explains when a simulated shutdown becomes illegal dismissal.

When Mootness Ends a Case: The ZTE-NBN Project Dispute Before the Supreme Court

The Supreme Court dismissed the consolidated petitions against the ZTE-NBN project as moot after the government abandoned the deal, explaining key limits on judicial power.