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.
Due Process in Philippine Tax Assessments: The Critical Role of the Preliminary Assessment Notice
Philippine tax assessments require a Preliminary Assessment Notice; without it, the assessment is void for denying due process.
Liquidation Court Jurisdiction Over Claims Against Insolvent Banks in the Philippines
When a bank is placed under liquidation, all claims against it—including annulment and damages suits—must be filed with the liquidation court.
Finality of Judgments: Understanding Immutability and Exceptions in Philippine Law
The Supreme Court clarifies the doctrine of finality of judgments and its exceptions in a labor case involving illegal dismissal and retirement.
Ombudsman's Concurrent Authority Over Public School Teachers Explained
The Supreme Court clarifies that the Ombudsman shares concurrent disciplinary authority with DepEd over public school teachers, but estoppel may bar late jurisdictional challenges.
Final Judgment Rule: When Court Decisions in Property Disputes Become Immutable
The final judgment rule makes court decisions in property disputes final and executory. Learn the exceptions and practical implications.
Void Sale of City-Owned Market Stall: Refund of Price Under Article 1412
When a sale is void because the seller lacked authority to sell city property, the buyer may still recover the price paid under Article 1412.
Unjustified Refusal of Transcript Release: When Can a School Withhold Records
The Supreme Court clarifies when schools may withhold transcripts and why CHED cannot award damages in disputes over student records.
Probable Cause and Judicial Discretion: Safeguarding Rights in Criminal Arrests
The Supreme Court clarifies a judge's duty in determining probable cause for warrants of arrest and limits on enjoining criminal prosecutions.
Double Jeopardy and Demurrer to Evidence: When Prosecution Appeals Are Barred
The Supreme Court explains when the prosecution cannot appeal an acquittal and why certiorari, not appeal, is the proper remedy.
Upholding Legislative Intent: The Limits of COMELEC's Rule-Making Power in Party-List Nominations
A look at Lokin v. COMELEC, where the Supreme Court struck down a COMELEC rule expanding the grounds for substituting party-list nominees beyond RA 7941.
Certiorari as a Substitute for Appeal: Navigating Procedural Missteps in Philippine Courts
Learn when certiorari can replace an appeal in Philippine procedure, and how the Supreme Court treats loss of trust and confidence in dismissals.
Lawyer Disbarred for Neglecting Client and Misappropriating Funds Faces Contempt
Supreme Court denies lawyer's bid to reverse disbarment, cites him for contempt, and orders execution to return misappropriated client funds.
Island Provinces and the Constitution: The Dinagat Islands Creation Case
The Supreme Court struck down Republic Act No. 9355 creating Dinagat Islands province for failing population and land area requirements under the Local Government Code.
Moral Damages in Maritime Disasters: Who Can Claim After a Breach of Contract
Supreme Court rules only spouse, descendants, ascendants, and illegitimate children may claim moral damages for a passenger's death in a maritime disaster.
When Local Officials Break Procurement Rules: Lessons From Sison v. People
A mayor's conviction for skipping public bidding shows how courts review local procurement and graft cases under Philippine law.
Public Officials Held Accountable: Strict Compliance With Procurement Laws
Mayor convicted for violating procurement rules and anti-graft law; personal canvass exceptions demand strict compliance.
Piercing the Form: How Allegations Determine Parties in HLURB Disputes
The Supreme Court clarifies that allegations in a complaint, not its title, determine who are parties to an HLURB case.
Motion for Reconsideration: A Necessary Step Before Filing Certiorari
Learn why Philippine courts require a motion for reconsideration before a Rule 65 certiorari petition, as shown in this Supreme Court ruling.
Tenant's Right of Redemption: Written Notice Requirement and the Perils of Wrong Appeal Remedy
Supreme Court clarifies tenant redemption rights require written notice, and errors in appeal mode are fatal to agrarian cases.
Perfecting Appeals: The Jurisdictional Requirement in Estate Proceedings
Why filing both a notice of appeal and record on appeal is jurisdictional in estate cases, and what happens when a party fails to perfect an appeal.
Parol Evidence Rule and Commitment Fees: Norton Resources v. All Asia Bank
When a written contract is clear, courts will not look beyond its four corners. The parol evidence rule explained.
GSIS Held in Contempt for Delaying Payment of Permanent Total Disability Benefits Under RA 8291
Supreme Court cites GSIS for indirect contempt for delaying payment of a member's permanent total disability benefits under RA 8291.
Contempt of Court: Upholding Judicial Authority and Enforcing Final Judgments
The Supreme Court held GSIS in indirect contempt for delaying payment of a final disability award, reaffirming that final judgments must be obeyed.
Public Hearing Imperative Invalidating Ordinances Without Community Input
A municipal ordinance imposing goodwill fees without a valid prior public hearing is void, the Supreme Court rules.