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 361384 of 5,054 articles for heir

Probating a Foreign Will in the Philippines: Lessons from a Landmark Case

Learn the formalities for probating foreign wills in the Philippines, from a landmark Supreme Court case on foreign law proof.

Agrarian Reform Land Transfer Ban: What Beneficiaries and Buyers Must Know

Supreme Court clarifies the 10-year ban on selling agrarian reform lands, the void sale rule, and the buyer's right to recover payment.

Architects vs Engineers: Who Can Sign Building Plans in the Philippines?

Supreme Court ruling on whether civil engineers may prepare, sign, and seal architectural documents under the National Building Code and Architecture Act.

Bunkhouse Residency and Voter Registration: The Bascon Ruling Explained

The Supreme Court affirms that workers living in employer-provided bunkhouses can establish voter residency, provided they meet legal requirements.

Discernment in Juvenile Justice: Key Lessons from CICL XXX vs. People

Understand how Philippine courts determine a minor's discernment and criminal liability, based on the Supreme Court's ruling in CICL XXX vs. People.

When Agrarian Disputes Are Really Contract Cases: DAR v. Lapanday Foods

The Supreme Court clarifies when disputes over CARP lands are ordinary contract cases, not agrarian disputes under DAR jurisdiction.

Winning the Lottery Without a Ticket: Contract Law and Games of Chance in the Philippines

The Supreme Court ruled that a damaged lotto ticket doesn't bar winning the jackpot if the bettor proves selecting the winning combination.

Expropriation and Just Compensation: Understanding Legal Interest in Philippine Law

The Supreme Court clarifies the legal interest rates landowners can claim when the government delays payment of just compensation in expropriation cases.

Heirship Disputes: Why Summary Judgments Fail When Inheritance Rights Are Unclear

Supreme Court explains why summary judgment cannot resolve contested heirship and inheritance rights in estate administration cases.

Psychological Incapacity and Marital Nullity: Spousal Rights and Evidentiary Standards in the Philippines

The Supreme Court clarifies who may file for marital nullity based on psychological incapacity and the evidentiary standards required under Article 36.

Tolerance vs Title: Resolving Possession Disputes in Unlawful Detainer Cases

When does tolerated possession become unlawful detainer? The Supreme Court clarifies that a notice of adverse claim does not defeat a prior possessor's right to eject occupants.

Gross Negligence of Counsel Can Restore the Right to Appeal in Criminal Cases

When a lawyer's gross negligence and misrepresentations cause a client to lose the right to appeal, the Supreme Court may recall the entry of judgment and reinstate the appeal.

Eminent Domain and Prior Rights: Resolving Land Disputes in Infrastructure Projects

Philippine Supreme Court ruling on contract rights, port operations, and jurisdictional issues in infrastructure disputes.

Mitigating Circumstances and Gross Neglect of Duty: Reassessing Penalties in Judiciary Misconduct

The Supreme Court modifies dismissal to suspension for a clerk of court guilty of gross neglect, appreciating mitigating circumstances under amended Rule 140.

Protecting Children: Statutory Rape and Sexual Assault Convictions Clarified

The Supreme Court clarifies when an accused can be convicted of both statutory rape and sexual assault arising from a single incident against a child.

Negligence in Handling Government Funds: A Landmark Supreme Court Ruling

The Supreme Court clarifies when public officers may be held liable for negligence in handling government funds and the right to speedy disposition of cases.

Dismissal Delayed Is Justice Denied: The Right to Speedy Disposition in Philippine Administrative Cases

The Supreme Court rules that inordinate delay by the Ombudsman in resolving administrative cases violates the constitutional right to speedy disposition of cases.

Indispensable Parties: Why an Estate Administrator Is Not Always Required in Property Disputes

The Supreme Court clarifies when an estate administrator is an indispensable party in property disputes, and the limits of raising new issues on appeal.

When a Missing Estate Administrator Does Not Void a Contract Case: Heirs of Manzano v. Kinsonic

The Supreme Court clarifies when the absence of an estate administrator is not fatal to a contract dispute, distinguishing indispensable from necessary parties.

Conjugal Property vs Separate Insurance: When a Spouse's Death Does Not Pay Off the Mortgage

A Supreme Court ruling clarifies when a mortgage redemption insurance payout applies after a spouse's death, and how conjugal property is determined.

When Silence Isn't Golden: Novation and Debtor Substitution in Philippine Law

The Supreme Court clarifies when a creditor's silence or acceptance of payments amounts to novation and debtor substitution.

Notarial Duty Consequences Of Neglecting Proper Identification IN Philippine LAW

A notary who fails to verify identities faces suspension and perpetual disqualification, as shown in a recent Supreme Court ruling.

Unlawful Termination Employer Liability FOR Extended Business Suspension AND Retrenchment Requirements

When a business suspension exceeds six months and retrenchment rules are ignored, employers face illegal dismissal liability. Learn the rules.

Bank Liable for Moral Damages Over Mortgage Redemption Insurance Non-Disclosure

When a bank offers mortgage redemption insurance, it must disclose coverage limits. Learn from Land Bank v. Miranda why non-disclosure can lead to damages.