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.
Breach of Contract and the Limits of Bank Manager Authority: Apparent Authority in Real Estate Transactions
When does a bank branch manager's promise bind the bank? The Supreme Court explains apparent authority in Games and Garments Developers, Inc. v. Allied Banking Corporation.
Mortgage Foreclosure Absence of Special Power to Sell Invalidates Extrajudicial Proceedings
Philippine Supreme Court rules that extrajudicial foreclosure requires a special power to sell inserted in or attached to the mortgage deed, otherwise the proceedings are void.
Revocation and Renewal: Understanding Surety Obligations in Philippine Banking
When a continuing surety expires or is revoked, a bank cannot hold the surety liable for loans made after that point.
Protecting Public Land: The Nullity of Sales Within the Five-Year Prohibitory Period
A sale of free patent land within five years is void ab initio, imprescriptible, and cannot be cured by laches.
Registered Owner vs Actual Operator: Who Pays in Vehicle Accidents?
Philippine Supreme Court clarifies the registered-owner rule in vehicle accidents and the right to reimbursement via cross-claim against the actual operator.
Corporate Responsibility Enforcing Contracts Despite Technicalities
Supreme Court clarifies corporate rehabilitation rules, HLURB receiver requests, and 180-day plan approval periods in Lexber v. Dalman.
Avoiding Forum Shopping in Philippine Construction Disputes: Key Lessons from Dynamic Builders
Learn how the Supreme Court's ruling in Dynamic Builders clarifies forum shopping rules and injunctive relief in Philippine construction disputes.
Novation Requires Clear Creditor Consent Protecting Banks IN Debt Assumption Cases
Philippine Supreme Court ruling on debt assumption, assignment of credit, and the need for creditor consent under Civil Code.
Constructive Dismissal: When a Security Guard's Prolonged Floating Status Becomes Illegal Dismissal
The Supreme Court clarifies when a security guard's floating status beyond six months amounts to constructive dismissal, entitling the guard to separation pay and back wages.
Counsel's Negligence and Due Process: When Can a Client Reopen a Case
When a lawyer's mistake hurts a client's case, can the case be reopened? The Supreme Court explains the limits of due process and counsel negligence.
Prevailing Medical Opinion Resolving Seafarer Disability Claims Under Poea SEC
Philippine Supreme Court clarifies the 120-day vs 240-day rule in seafarer disability claims under the POEA-SEC.
Co-Ownership and Land Sales: When Selling a Definite Portion Is Invalid
A co-owner cannot sell a definite portion of undivided land without all co-owners' consent. Learn the rules from Cabrera v. Ysaac.
Protecting Property Rights: Good Faith Purchasers vs Unregistered Claims
Philippine Supreme Court ruling on good faith purchasers, unregistered claims, and property rights under Article 1544 of the Civil Code.
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.
Annulment of Judgment vs. Affidavit of Reappearance: Fraudulent Presumptive Death Declarations
When a presumptive death declaration is obtained by fraud, the Supreme Court clarifies why annulment of judgment—not an affidavit of reappearance—is the proper remedy.
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.
Altered Checks and Bank Liability: Who Pays the Price of Forgery
When a bank clears an altered check, who bears the loss? The Supreme Court clarifies liability rules in Areza v. Express Savings Bank.
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.
OFW Illegal Dismissal: Full Salary for Unexpired Contract, Not Just 3 Months
The Supreme Court affirms that illegally dismissed OFWs are entitled to full salaries for the unexpired portion of their contracts, striking down the three-month cap as unconstitutional.
Vehicle Accidents and Utility Posts: Liability Under Philippine Law
Learn how Philippine courts determine liability when a vehicle damages utility infrastructure, including negligence, vicarious liability, and damages.
When a Blessing Becomes an Illegal Marriage Ceremony: The Ronulo Case
The Supreme Court clarifies when a priest's blessing of a couple without a marriage license becomes an illegal marriage ceremony under Article 352 of the Revised Penal Code.
Seafarers' Rights: Implied Contract Extension and Disability Benefits
Philippine Supreme Court ruling on implied contract extension for seafarers and entitlement to permanent total disability benefits under POEA-SEC.
Ill-Gotten Wealth, Close Association with Marcoses, and Asset Recovery: A Legal Primer
Learn how Philippine courts define "ill-gotten wealth," prove close association with the Marcoses, and recover assets under sequestration laws.
Redundancy vs Retrenchment: Protecting Employees From Illegal Dismissal
The Supreme Court clarifies the distinction between redundancy and retrenchment, and the rules employers must follow to avoid illegal dismissal.