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 495 articles for remedies

Retrenchment Rules in the Philippines: Proving Losses and Fair Selection

Philippine Supreme Court ruling on retrenchment: what employers must prove to validly dismiss employees due to business losses.

Navigating Fishpond Leases: The Republic's Discretion vs. Corporate Disputes

The Supreme Court clarifies when government land reserved for public use can be claimed by private occupants under urban land reform laws.

Water District General Managers: Security of Tenure vs Board Discretion

Philippine Supreme Court ruling on whether water district general managers serve at the pleasure of the board or enjoy security of tenure.

Probate Publication as Sufficient Notice to Interested Parties

Supreme Court clarifies that publication in probate proceedings binds all interested parties, even those not personally notified.

Sheriffs Duty Prompt Reporting AND Accountability IN Writ Execution

This case clarifies the duty of sheriffs to promptly report writ execution and their accountability for failure to comply.

Corporate Identity and Loan Obligations: Name Change Does Not Excuse Debt Payment

Philippine Supreme Court ruling on whether a corporate name change or bank identity affects loan obligations and surety liability.

Sublease Rent Claims: Why Lessors Must Sue the Lessee First

Philippine Supreme Court ruling clarifies that lessors cannot directly sue sublessees for unpaid rent without first obtaining judgment against the lessee.

Judicial Overreach: Contempt Powers, Due Process, and the Limits of a Judge's Discretion

A judge's contempt power has limits. Learn how the Supreme Court disciplined a judge for denying a lawyer's right to post bond.

Water Rights vs Interference: When Courts Decide Water District Disputes

Supreme Court clarifies when regular courts, not the water council, have jurisdiction over water district disputes involving interference with vested rights.

Breach of Barangay Settlement: Your Right to Rescind and Sue in Court

When a barangay settlement is breached, Philippine law gives the aggrieved party the right to rescind it and pursue their original claim in court.

When a Lawyer's Inaction Harms a Client's Case: Lessons from Rollon v. Naraval

A lawyer who accepts a case but does nothing—and keeps the client's money—faces suspension. The Supreme Court explains why.

Exhaustion of Administrative Remedies: A Prerequisite Before Court Action

Philippine Supreme Court ruling on why exhaustion of administrative remedies and motion for reconsideration are mandatory before judicial recourse.

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.

Public Land Cannot Be Burdened: Property Rights and Public Use in the Philippines

Philippine Supreme Court ruling on public dominion property, right of way easements, and possession claims over government land.

Breach of Warranty: Proving Hidden Defects in Animal Feed Cases

Philippine Supreme Court ruling on what buyers must prove to claim breach of warranty for hidden defects in animal feed.

Supervision vs. Control: Safeguarding Local Autonomy in the Liga ng mga Barangay

The Supreme Court clarifies the line between supervision and control over the Liga ng mga Barangay, protecting local autonomy.

Contract of Sale vs Contract to Sell: Clarifying Obligations in Property Transactions

Philippine Supreme Court clarifies distinctions between contract of sale and contract to sell, and their impact on property rights and obligations.

Upholding Attorney Accountability: Neglect of Client Affairs Leads to Suspension

A lawyer's failure to diligently pursue a client's case warrants suspension from practice, as shown in this Philippine disciplinary case.

Judicial Immunity Shielding Judges From Baseless Administrative Complaints

When can judges be disciplined for erroneous rulings? The Supreme Court clarifies judicial immunity and the limits of administrative complaints.

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

Learn when to file an appeal versus a certiorari petition under Philippine law, explained through the Supreme Court's ruling in Andalis v. Court of Appeals.

Second Chances Denied: The High Cost of Procedural Missteps in Philippine Litigation

A Supreme Court ruling shows why "honest mistake" rarely justifies a new trial—and why procedural deadlines and rules are strictly enforced.

When Exam Integrity Is Questioned: The Limits of Mandamus in Professional Licensing

Passing a licensure exam does not automatically entitle a candidate to a professional license, especially when exam integrity is under official investigation.

Lawyers Cannot Claim Ignorance of Basic Procedures to Abandon Client Obligations

Philippine Supreme Court rules a lawyer's claim of ignorance in filing a motion for reconsideration is no excuse for neglecting a client's case.

Eyewitness Testimony vs Medico-Legal Findings: Resolving Doubt in Homicide Cases

The Supreme Court acquits a homicide accused where uncross-examined eyewitness testimony conflicted with medico-legal findings and failed the test of moral certainty.