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 478 articles for remedies

Breach of Trust Establishing Estafa in Financial Misappropriation Cases

Explore when breach of trust constitutes estafa under Philippine law, and why agricultural leasehold tenants cannot be prosecuted for it.

Extrajudicial Termination Clauses in Lease Agreements: What the Supreme Court Says

The Supreme Court clarifies when a lessor may validly terminate a lease and repossess property without court action under Philippine law.

Seafarer’s Illegal Dismissal: Due Process and the Ship’s Logbook in Maritime Cases

The Supreme Court ruled a seafarer’s dismissal illegal for lack of just cause and due process, highlighting the logbook’s evidentiary value.

Certiorari vs Appeal: Choosing the Right Path for Legal Review in the Philippines

Learn when to file a petition for certiorari versus an appeal under Rule 45, explained through a Philippine Supreme Court labor case.

Certiorari vs Appeal: Choosing the Proper Remedy in Philippine Law

Philippine Supreme Court explains why appeal and certiorari are mutually exclusive remedies, and why procedural rules matter in extraordinary actions.

Shareholder Rights vs Corporate Autonomy: When Can a Stockholder Intervene in a Corporate Dispute

Philippine Supreme Court clarifies when stockholders may intervene in corporate disputes, emphasizing the separate legal personality of corporations.

When Courts Won't Second-Guess the Ombudsman's Dismissal of Graft Complaints

The Supreme Court affirms the Ombudsman's wide discretion in dismissing graft complaints, limiting judicial review to grave abuse of discretion.

Lease Termination: Lessors Can Still Collect Rent After Lessee Default and Abandonment

Philippine Supreme Court ruling on lessor rights when lessee defaults and abandons leased property, clarifying remedies for unpaid rent.

The Fine Line Between Unpaid Bills and Criminal Fraud Estafa in Restaurant Settings

When does an unpaid restaurant bill become a criminal offense? A Supreme Court ruling clarifies when non-payment crosses into estafa.

Family Feuds and Corporate Control: Navigating Share Ownership Disputes in Philippine Corporations

The Supreme Court clarifies how Philippine courts resolve family disputes over corporate shares, trusts, and injunctions.

When Can Government Revoke Tax Exemptions in Freeport Zones

Philippine Supreme Court ruling on when Congress may withdraw tax exemptions granted to Subic Freeport locators, and limits on injunctions against tax collection.

Judicial Overreach When Haste in Execution Leads to Administrative Liability

A judge's one-year suspension for gross ignorance of the law after prematurely declaring a decision final and executing it without proper motion.

Amending Complaints: Balancing Procedural Rules and the Pursuit of Justice in the Philippines

Explore how Philippine courts balance strict procedural rules with substantive justice, as shown in Ogalisco v. Holy Trinity College.

Forcible Entry vs Accion Publiciana: Key Distinctions in Philippine Property Law

The Supreme Court clarifies the distinctions between forcible entry and accion publiciana in Regis v. Garcia, emphasizing proper remedies and procedural rules.

Publication Requirement for Tax Ordinances: A Prerequisite to Enforceability

Philippine Supreme Court clarifies that publication of local tax ordinances is a condition precedent to their enforceability and collection.

Double Jeopardy: When a Gun Ban Violation Precludes Illegal Possession Charges

The Supreme Court clarifies when a COMELEC gun ban violation bars a separate illegal possession of firearms charge under RA 8294.

Fortuitous Events and Employee Dismissal: When Absences Are Excusable

The Supreme Court ruled that absences caused by fortuitous events like flooding cannot justify dismissal, protecting workers' labor rights.

Contract Rescission and RTC Jurisdiction: Lessons from Villena v. Payoyo

When rescinding a contract is the primary remedy, the case belongs in the Regional Trial Court—even if the monetary claim is small.

Upholding Corporate Governance: Limits of Stockholder Suits and Board Discretion

The Supreme Court clarifies when derivative suits may proceed and when courts must respect board discretion in corporate management.

Employer Liability for Employee Death in the Philippines Even in Fortuitous Events

Philippine employers may be liable for employee death caused by fortuitous events under Article 1711 of the Civil Code, as explained in Candano Shipping Lines v. Sugata-on.

Persistent Lying As Psychological Incapacity Understanding Grounds For Marriage Nullity In The Philippines

Explore how persistent lying may constitute psychological incapacity under Philippine law, affecting marriage nullity cases and legal remedies.

Burden of Proof in Constructive Dismissal Cases Philippine Labor Law Explained

Understand the burden of proof in constructive dismissal cases under Philippine labor law, and how employees can establish illegal dismissal claims.

Ejectment Case Jurisdiction in the Philippines: MTC vs RTC After Bejar v. Caluag

Filing an ejectment case in the wrong court risks dismissal. Learn how Bejar v. Caluag clarifies MTC vs RTC jurisdiction.

Preliminary Investigation Rights and the Definition of Rape: Key Lessons from De Castro

Learn when the right to preliminary investigation is waived and why finger insertion constitutes rape through sexual assault under Philippine law.