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 31693192 of 4,529 articles

Unlawful Detainer: A Tenant's Admissions and the Inevitable Ejectment

In Mendoza v. Court of Appeals, the Supreme Court ruled that a tenant's own admissions in pleadings can seal an ejectment case.

Conspiracy and Overt Acts in Bouncing Check Cases: Ladonga v. People

When can a non-signatory spouse be liable for bouncing checks? The Supreme Court clarifies conspiracy rules under B.P. 22.

Hotel Waivers for Lost Guest Items Are Void: The McLoughlin Rule

Philippine law voids hotel waivers for lost guest belongings. Learn the McLoughlin case and what hotels must do.

Accountability in Public Office: Good Faith Is Not a Free Pass in Malversation Cases

A look at Melchor v. Gironella on administrative liability, good faith, and the burden of proof in public office.

Void Marriages and Property Rights: Ownership in Cohabitation After Bigamous Marriage

Philippine Supreme Court ruling on property ownership when a marriage is void due to bigamy. Learn the rules on co-ownership and creditor claims.

When Can You Appeal a Denied Motion to Quash? The Basa Case Explained

Learn from Basa v. People when a denied motion to quash is appealable, and why interlocutory orders cannot be appealed prematurely.

Expanding Sandiganbayan's Reach: Jurisdiction Over Graft Cases in Government-Owned Corporations

The Supreme Court clarifies that the Sandiganbayan has jurisdiction over officers of government-owned corporations, regardless of how they were created.

VAT Refund Eligibility for PEZA-Registered Enterprises: Key Lessons from Seagate

The Supreme Court clarifies when PEZA-registered enterprises can claim VAT refunds on capital goods, distinguishing exempt entities from exempt transactions.

Good Faith Payments and Prior Satisfaction as Grounds for Acquittal in BP 22 Cases

Supreme Court acquits corporate officer in BP 22 case where the dishonored check was fully paid two years before charges were filed.

Equitable Mortgage vs Pacto de Retro Sale: Property Rights in the Philippines

Philippine Supreme Court explains the difference between equitable mortgage and pacto de retro sale, and why mortgagees cannot simply consolidate ownership.

Lawyers Must Uphold Diligence and Fidelity in Legal Representation

A lawyer who fails to file an appellate brief faces suspension. The Supreme Court affirms that neglect of a client's case violates the Code of Professional Responsibility.

Upholding Ethical Conduct: An Attorney's Duty to Fulfill Financial Obligations and Maintain Honesty

A lawyer who acquires client property entrusted to him commits gross misconduct warranting disbarment under the Code of Professional Responsibility.

Attempted Rape vs Acts of Lasciviousness: How Intent Shapes Philippine Law

The Supreme Court explains the key difference between attempted rape and acts of lasciviousness—the intent to lie with the victim.

Competitive Bidding and the Right to Top in Philippine Privatization: The J.G. Summit Case

The Supreme Court clarifies when a "right to top" in government privatization bidding is valid, and when losing bidders may be estopped from challenging the award.

Preliminary Injunctions Preserve Status Quo, Not Final Judgments — Key Rules

Philippine Supreme Court explains why preliminary injunction orders are interlocutory, unappealable, and need not state full facts and law.

Creek Ownership and Land Disputes: Public vs. Private Property Rights

A Supreme Court ruling clarifies that creeks are public property, not private land, and how this affects boundary disputes.

Unmasking Equitable Mortgages in the Philippines: A Guide for Property Buyers and Sellers

When is a deed of sale actually a loan? Learn how Philippine courts unmask equitable mortgages and protect property buyers and sellers.

Prescription of Penalties: Imprisonment Must Begin Before Evasion Can Trigger Prescriptive Period

Philippine Supreme Court clarifies that prescription of penalties under Article 93 RPC only runs when a convict escapes during actual imprisonment, not while at large.

When Does Prescription of Penalties Begin? The Doctrine of Evasion of Sentence

Philippine Supreme Court clarifies that prescription of penalties under Article 93 RPC only runs when a convict escapes while serving imprisonment.

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.

Res Judicata and Annulment of Titles: DBP v. La Campana Development Corporation

When does a prior final judgment bar a new case? The Supreme Court explains res judicata's limits in DBP v. La Campana.

B.P. 22 Liability: Severing Accommodation Deals Does Not Erase Knowledge of Insufficient Funds

Signing blank checks for an accommodation arrangement can create B.P. 22 liability even after severing ties. Learn the rules from Benjamin Lee v. CA.

Extortion in the Judiciary: Dismissal for Grave Misconduct and Betrayal of Public Trust

Court personnel who collect money from litigants face dismissal for grave misconduct, even if they claim it was for safekeeping.

Court Personnel Must Answer Written Inquiries Promptly: A Lesson from A.M. No. P-04-1912

Court employees must respond in writing to public inquiries within 15 working days. Verbal replies are not enough.