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 289312 of 438 articles for procedure

Jumping Bail in the Philippines: Why Absconding Can Cost You Your Appeal — Lessons from Alva v. Court of Appea

Can fleeing while on bail kill your appeal? The Supreme Court says yes. Learn the rules from Alva v. Court of Appeals.

Conflict of Interest and Private Practice: Lessons from Lim-Santiago v. Sagucio

A disbarment case clarifies when a lawyer's past ties create a conflict and why government prosecutors cannot practice privately.

Certiorari Without Motion for Reconsideration: Exceptions Under Rule 65

Learn when Philippine courts allow a direct petition for certiorari without a prior motion for reconsideration, based on the PAL-PESALA case.

Res Judicata in Philippine Land Expropriation When Prior Judgments Bar Reversion Claims

Explaining when prior final judgments bar reversion claims in expropriation cases, citing Republic v. Yu (G.R. No. 157557).

Motion for Reconsideration Before Sandiganbayan: No Hearing Required for Finality

A Sandiganbayan decision is not final until it properly resolves a motion for reconsideration—even if the motion was not set for hearing.

Can One Co-Owner File an Ejectment Case in the Philippines? Yes, Under Article 487

A single co-owner can file an ejectment suit without the others. The Supreme Court explains how Article 487 of the Civil Code works.

SSS Death Benefits for Legal Spouses: Separation Agreements and Beneficiary Rights

A look at how Philippine law treats legal spouses as SSS primary beneficiaries despite separation agreements, and the procedural lessons from a 2006 Supreme Court ruling.

Execution Pending Appeal in the Philippines: When 'Good Reasons' Justify Immediate Judgment Enforcement

Learn when Philippine courts allow execution pending appeal, the 'good reasons' required under Rule 39, and key lessons from Bangkok Bank vs. Lee.

Falsification of Private Documents: Intent to Damage Is Key in Philippine Law

Philippine law requires proof of intent to cause damage for falsification of private documents. Learn the rules from a Supreme Court ruling.

Contract to Sell Cancellation: Maceda Law Rules and Novation Explained

Learn the Maceda Law rules on cancelling a contract to sell, when a new contract can replace the old one, and key takeaways from Fabrigas v. San Francisco Del Monte.

Domicile Dilemmas: Residency Requirements for Philippine Election Candidates

The Supreme Court explains what "residence" really means for election candidates—and why buying property alone won't establish domicile.

Barangay Jurisdiction in Property Disputes: Residency of the Real Party in Interest Controls

The Supreme Court clarifies that the real party in interest's residency, not the attorney-in-fact's, determines barangay lupon jurisdiction over disputes.

When Courts Must Relax Procedural Rules: The MRT Tax Case and the Right to Present Evidence

The Supreme Court ruled that courts must liberally apply procedural rules to give litigants every opportunity to present their case on the merits.

Surety Bonds Enforcing Liability Despite Procedural Technicalities

Philippine Supreme Court ruling on when courts may suspend civil cases for prejudicial questions, and how surety obligations remain enforceable.

When a Civil Case Can Resolve Inheritance and Property Disputes in the Philippines

Learn when Philippine regular courts, not labor arbiters, have jurisdiction over breach of contract and property disputes.

Jurisdiction vs Exercise of Jurisdiction: Upholding Court Authority Despite Procedural Errors

The Supreme Court clarifies that jurisdiction over labor cases persists despite procedural lapses, and rules on retirement age, CBA benefits, and tax refund claims.

Withdrawal of Information vs Dismissal: What the Supreme Court Said

The Supreme Court clarifies when a motion to withdraw information is final, and how prosecutors must weigh both sides in preliminary investigation.

CBA Scholarship Benefits Resolving Ambiguities IN Favor OF Labor

Security agency loses bid to exempt receivables from garnishment; Court applies labor-friendly rule on execution exemptions.

When Counsel's Negligence Binds the Client: Due Diligence in Appeals

The Supreme Court clarifies when a lawyer's failure to act diligently on an appeal binds the client, and what counts as notice of a decision.

Breach of Barangay Settlement: Your Right to Rescind and Sue in Court

When a barangay settlement is breached, Philippine law gives the aggrieved party the right to rescind it and pursue their original claim in court.

Extraterritorial Service of Summons: Due Process for Non-Resident Defendants

Philippine courts must strictly comply with rules on extraterritorial service of summons before declaring non-resident defendants in default.

Service by Publication in the Philippines: Strict Rules for Valid Summons

Learn the strict requirements for valid service of summons by publication in the Philippines, and why procedural lapses can void court judgments.

Substantial Compliance with Procedural Rules: Certified Xerox Copies in Philippine Law

Supreme Court ruling on certified xerox copies as substantial compliance with Rule 65 requirements for petitions for certiorari.

Perfecting Appeals: The Crucial Difference Between Single and Multiple Judgments in Philippine Law

Learn when a record on appeal is required in Philippine civil procedure, and why missing this step can cost you your appeal.