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 2,046 articles for writ

Writ of Possession in Philippine Foreclosures: Finality and the Lessons from HH & Co. v. Perlas

Learn when a writ of possession becomes final and executory in Philippine foreclosures, and why courts rarely recall it, based on HH & Co. v. Perlas.

When Lawyer Zeal Crosses the Line: Lessons from Zamora v. Mahinay

The Supreme Court clarifies when a lawyer's vigorous advocacy becomes an ethical violation, and when it remains protected professional duty.

Substantial Evidence in Labor Dismissals: When the Supreme Court Steps In

Explore when the Supreme Court reviews factual findings in labor cases, and how substantial evidence supports valid employee dismissal.

Lawyer Discipline for Defamatory Language in Pleadings: Parks v. Atty. Misa

When a lawyer's counter-affidavit crossed the line from defense to defamation, the Supreme Court imposed discipline. Learn the limits of zealous advocacy.

When an Implied Lease Renewal Does Not Revive a Right of First Refusal

Philippine Supreme Court explains why an implied lease renewal does not automatically revive a lessee's right of first refusal.

Implied Lease Renewals and Right of First Refusal: What Tenants Should Know

Philippine Supreme Court ruling clarifies that implied lease renewals do not revive a tenant's right of first refusal unless expressly agreed.

Real Estate Broker's Commission: Procuring Cause Prevails Even After Authority Expires

Philippine Supreme Court rules brokers earn commission as procuring cause even if authority expired before deal closed. Learn the rule.

Matibag v. Dangerous Drugs Board: CES Eligibility and Security of Tenure Explained

The Supreme Court clarifies that Career Service Executive Eligibility (CSEE) alone does not guarantee security of tenure in CES positions.

Limits of Post-Judgment Examination: Protecting Third-Party Rights in Execution

Third-party claimants can vindicate ownership of levied property through independent actions without being penalized for exercising their right to litigate.

Finality of Monetary Awards in Labor Cases: The Tan v. Dagpin Rule

Learn how the Supreme Court's Tan v. Dagpin ruling protects final labor judgments from recomputation after full payment.

Laches in Philippine Law: How Delay Can Bar Your Legal Claims

Learn how the doctrine of laches can bar legal claims in the Philippines, even before the prescriptive period expires, through the Supreme Court's ruling in Ang v. Abaldonado.

Baptismal Certificates and Inheritance Rights: Proving Filiation in Property Disputes

Learn how the Supreme Court clarified when baptismal certificates can prove filiation and inheritance rights in Philippine property disputes.

PDIC Deposit Insurance Denials: Court of Appeals Holds Exclusive Certiorari Jurisdiction

Supreme Court clarifies that PDIC deposit insurance claim denials must be challenged via certiorari before the Court of Appeals, not the RTC.

Regular vs Project Employee: When Rehiring Without a Fixed Term Creates Security of Tenure

Philippine Supreme Court clarifies when a project employee becomes regular, securing tenure and protection from illegal dismissal.

When Church Governance Prevails: Minister Reassignment and Labor Jurisdiction in the Philippines

The Supreme Court clarifies when a pastor's non-reappointment is an ecclesiastical affair beyond labor tribunals' jurisdiction, and why courts respect church autonomy.

Usurpation of Authority: Delineating Official Functions and Good Faith in Public Office

The Supreme Court clarifies the meaning of "forthwith" in impeachment proceedings, emphasizing the Senate's discretion in preparing for trial and the limits of judicial intervention.

Quantum Meruit and Government Contracts: Reclaiming Payment for Completed Projects

The Supreme Court allows payment for completed government projects even without a written contract, applying quantum meruit to prevent unjust enrichment.

Disbarment for Disrespect: Upholding Judicial Authority and Ethical Conduct in the Legal Profession

The Supreme Court disbarred a lawyer for repeated abuse of court processes, dilatory tactics, and disrespect toward a Court of Appeals justice.

Presidential Immunity Shielding THE Chief Executive From Suit During Tenure

Explaining the Supreme Court's ruling that a sitting President enjoys immunity from suit, including habeas data petitions, during tenure.

Sheriffs Must Give Due Notice Before Enforcing Writs of Execution

A sheriff who evicts a party without the required notice commits grave abuse of authority. Learn the rules on writ enforcement.

Sheriffs Must Follow Procedure in Writ Execution or Face Administrative Liability

A sheriff's duty in executing a writ is ministerial but must strictly follow procedural rules, including notice periods, or face administrative sanctions.

Fixed-Term Contracts vs Security of Tenure: Protecting Employee Rights in the Philippines

The Supreme Court clarifies when fixed-term employment contracts are valid and when they violate an employee's security of tenure under Philippine law.

Sale vs Agency: When Unpaid Vendors Are Not Guilty of Estafa

The Supreme Court clarifies when a failed real estate deal is a breach of contract, not estafa, and why unpaid vendors cannot be criminally liable.

Forged Signatures and Land Titles: Proving Fraud in Philippine Property Cases

The Supreme Court clarifies what evidence is needed to prove forged signatures in land transactions and reconveyance claims.