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 337360 of 5,053 articles for heir

Notarizing Without a Commission: Supreme Court Discipline for Lawyers

Learn the disciplinary consequences for Philippine lawyers who notarize documents without a valid commission, based on a recent Supreme Court ruling.

When Lawyers Serve Two Masters: Ethical Violations in Land Deals and Public Office

The Supreme Court suspended a lawyer-mayor for helping circumvent land ownership rules and practicing law while in public office.

Good Faith Buyers and Title Defects: Lessons from Billote v. Badar

Philippine Supreme Court ruling on good faith buyers, Section 4 Rule 74 annotations, and co-owner sales of undivided shares.

Enforcing a Philippine Judgment: Time Limits, Property Levies, and Revival

Learn the 5-year rule for executing judgments in the Philippines, how to revive a dormant judgment, and what property a sheriff can levy.

SALN Compliance: Government’s Duty to Notify and Consequences of Non-Compliance

The Supreme Court clarifies that government agencies must follow the mandatory review and compliance procedure before penalizing officials for SALN errors or omissions.

Retrenchment in the Philippines: Proving Business Losses Under Article 298

Retrenchment is legal only if employers prove serious, ongoing losses. The Philphos case shows what evidence courts require.

When a MOA Becomes a Binding Contract: Lessons from a Property Sale Dispute

A Supreme Court ruling clarifies when a Memorandum of Agreement becomes a binding contract of sale, and why parties cannot later disavow it.

Reasonable Doubt and Identification: Protecting the Accused in Philippine Rape Cases

The Supreme Court acquits a rape accused when flawed identification and danger signals create reasonable doubt, reinforcing the presumption of innocence.

Hot Pursuit Arrests: When Is a Warrant Required in the Philippines

The Supreme Court explains the limits of warrantless hot pursuit arrests and the chain of custody rule for seized drugs.

Direct Assault vs Resistance: Understanding the Nuances in Philippine Law

The Supreme Court clarifies when physical force against police officers amounts to direct assault or only resistance and disobedience under Philippine law.

Reconstitution of Lost Land Titles: Register of Deeds' Duty Under RA 26

When registry records go missing, who must reconstitute your land title? The Supreme Court clarifies the Register of Deeds' duty under RA 26.

Just Compensation in Agrarian Reform: Valuing Land at the Time of Taking

Philippine Supreme Court clarifies how to value agrarian reform land, emphasizing the time of taking and correct valuation formula.

Forged Signatures and Municipal Liability: Just Compensation for Illegally Constructed Roads

When a municipality builds a road on private land based on a forged deed, the owner may be entitled to just compensation rather than removal of the road.

Contract to Sell vs Contract of Sale: Adverse Claims on Philippine Property Titles

Learn how the Supreme Court distinguishes contract to sell from contract of sale, and when adverse claims on land titles are valid under PD 1529.

Forged Donation Municipality Liable FOR Taking Private Land Without Just Compensation

Supreme Court rules a municipality must pay just compensation when it builds a road on private land under a forged deed of donation.

Adverse Claims on Registered Land: When They Can and Cannot Be Annotated

The Supreme Court clarifies when an adverse claim on registered land is valid, and when it must be cancelled under Philippine property law.

Investment Prudence and SSS Officials' Liability in Stock Purchase Decisions

Supreme Court clarifies when SSS officials may be held liable for investment decisions, applying the prudent man standard under the SSS Law.

Defective Summons Voids Trustee Appointment: Key Lessons from Diversified Plastic Film v. PI-One

Defective summons can void court proceedings. Learn the jurisdictional limits and SPV Act requirements from this Supreme Court ruling.

Defective Summons and Voluntary Appearance: Due Process in Property Cases

The Supreme Court clarifies when defective extraterritorial summons can be cured by voluntary appearance—and why due process still protects the defendant.

Supreme Court Upholds CIAC Jurisdiction, Strikes Down 14-Day Arbitration Limit in Government Contracts

Supreme Court affirms CIAC jurisdiction over government construction disputes and voids unreasonably short 14-day arbitration periods as contrary to public policy.

Due Process and Summons: Supreme Court Ruling on Unresolved Motions for Reconsideration

The Supreme Court clarifies that ignoring a motion for reconsideration violates due process, while explaining how courts acquire jurisdiction over defendants.

Conflict of Interest: When Can a Government Lawyer Represent a Public Official in the Philippines

The Supreme Court clarifies when a government lawyer's representation of a public official becomes a conflict of interest and unauthorized practice of law.

When Can a Provincial Legal Officer Represent a Governor? A Disbarment Case Guide

The Supreme Court reprimands a provincial legal officer for unauthorized practice of law in representing a governor before the Ombudsman.

Speedy Disposition of Cases: Balancing Justice and Efficiency in Philippine Law

The Supreme Court affirms that inordinate delay by the Ombudsman violates the constitutional right to speedy disposition of cases, resulting in dismissal.