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 33853408 of 3,491 articles for appeal

Motion for Reconsideration: Why a Notice of Hearing Is Crucial in Philippine Courts

A motion for reconsideration without a notice of hearing is pro forma and will not stop the appeal period. Learn the rule and the De la Peña case.

Execution Pending Appeal in Philippine Election Protests: When Can a Winner Take Office Immediately

Philippine Supreme Court ruling on when execution pending appeal is allowed in election protests, and why COMELEC can stop a premature assumption of office.

When Is a Lawyer Liable for a Missed Appeal? Lessons from Sattar v. Lopez

The Supreme Court clarifies when a lawyer may be disciplined for a missed appeal, and when the client's own neglect is to blame.

Failing to Object to Evidence: Waiver Rules in Philippine Criminal Cases

Philippine Supreme Court explains why silence on inadmissible evidence means waiver, and how death before final judgment extinguishes liability.

Dynamite Fishing in the Philippines: Laws, Penalties, and the People vs. Vergara Case

Learn the Philippine law against dynamite fishing, penalties under P.D. 704, and key lessons from People vs. Vergara.

Self-Defense Claims in Parricide and Rape Cases: What the Supreme Court Says

A father convicted of raping his daughter claimed self-defense. The Supreme Court explains why this defense fails in parricide and rape cases.

Back Taxes on Undeclared Improvements: What "Declared for the First Time" Means

The Supreme Court explains when local assessors may impose back taxes on previously undeclared building improvements under PD 464.

Perfecting an Appeal: Navigating the Jurisdictional Requirements in Philippine Labor Cases

Learn how jurisdictional requirements affect appeals in Philippine labor cases, with insights from recent Supreme Court rulings.

Establishing Paternity in the Philippines: Evidence Beyond DNA

How Philippine courts prove paternity without DNA tests, using letters, birth certificates, and conduct, as shown in Pe Lim v. Court of Appeals.

Forum Shopping in the Philippines: How Duplicate Cases Can Kill Your Labor Claim

Learn how filing duplicate labor cases amounts to forum shopping and leads to automatic dismissal under Philippine rules.

Piercing the Corporate Veil: When Are Company Officers Liable for Corporate Debts in the Philippines

Philippine Supreme Court ruling on when corporate officers and close corporation stockholders can be held personally liable for separation pay.

The Perils of Delayed Disclosure: Eyewitness Testimony and Credibility in Philippine Criminal Law

How Philippine courts weigh eyewitness identification, voice recognition, and alibi in criminal cases, explained through a 1997 Supreme Court ruling.

Service of Court Decisions in the Philippines: The Laza Case and Due Process

Learn how Philippine courts rule on valid service of decisions, the "sufficient discretion" standard, and the Laza v. Court of Appeals case.

When Court Errors Are Not Misconduct: The Tallado v. Racoma Ruling

The Supreme Court clarifies when a judge's error is a judicial matter, not administrative misconduct, and warns against harassment suits.

Establishing Legal Marriage and Legitimacy in Inheritance Disputes: Balogbog v. Court of Appeals

How Philippine courts presume marriage and legitimacy in inheritance disputes, and what evidence can prove filiation when records are lost.

Exhaustion of Administrative Remedies: When Can You Skip It

Philippine Supreme Court ruling on when courts may excuse failure to exhaust administrative remedies, and why premature court actions get dismissed.

Who Can Represent a Municipality in Court: The Ramos Doctrine on Unauthorized Counsel

Philippine law limits who may represent a municipality in lawsuits. Learn the rules, exceptions, and effects of unauthorized private counsel appearances.

Losing Control: Understanding Loss of Jurisdiction After Appeal in Philippine Courts

When a case is appealed, the trial court loses jurisdiction. This administrative case explains the rule and its limits.

Ejectment of Possessors by Tolerance: Guardians, Wills, and Unlawful Detainer

Philippine Supreme Court clarifies when a guardian may eject possessors by tolerance, and why an unprobated will does not defeat an unlawful detainer suit.

Withdrawing a Criminal Appeal in the Philippines: Rights and Limits After Conviction

Can a convicted person withdraw a criminal appeal in the Philippines? People v. Redulosa explains the right, limits, and consequences.

Mixed Union Membership When Supervisors Cant Join Rank AND File Unions IN THE Philippines

Philippine Supreme Court explains why a union mixing rank-and-file and supervisory employees cannot file for certification election.

Laches and Prescription in Land Cases: What the Supreme Court Said in Españo v. Court of Appeals

The Supreme Court explains why laches and prescription are factual defenses that usually require full trial, not summary dismissal.

Encroachment Disputes: Rights and Obligations of Landowners and Builders in the Philippines

When a building encroaches on a neighbor's land, what are the parties' rights? The Supreme Court explains good faith, Article 448 options, and remedies.

Reclusion Perpetua in Philippine Law: Why It Remains an Indivisible Penalty

The Supreme Court clarifies that reclusion perpetua remains an indivisible penalty despite RA 7659, explaining its true duration and application in drug cases.