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 385408 of 790 articles for band

Agency and Mortgage Law: When an Agent’s Signature Does Not Bind the Principal

Philippine Supreme Court ruling on when an authorized agent’s mortgage signature binds only the agent, not the principal, and the role of laches.

Rescission and Refund Rights in Real Estate Sales: What PD 957 Buyers Should Know

Learn how PD 957 protects condominium buyers with refund rights, and which court hears criminal cases for violations.

Marital Rape: Spousal Consent Is Not a Defense to Rape in the Philippines

Philippine Supreme Court affirms that marriage is no defense to rape, convicting a stepfather of two counts of rape against his minor stepdaughter.

Untangling Rescission: Prescription Periods in Philippine Property Sales

Philippine Supreme Court clarifies when the four-year prescriptive period for rescission of a sale starts, using the Quirong v. DBP case.

Custody Rights and the Child's Welfare: Reassessing Habeas Corpus in Family Disputes

The Supreme Court clarifies that habeas corpus in child custody cases aims to determine rightful custody, not just produce the child.

Protecting Marital Property: The Necessity of Spousal Consent in Property Sales

Learn how the Supreme Court protects conjugal property from unauthorized sales by one spouse, and why buyers must verify spousal consent.

Residency Requirements for Philippine Elections: Establishing Domicile for Candidacy

Philippine election law equates residency with domicile. Learn the three rules and what it takes to change domicile for candidacy.

When Love Fades Psychological Incapacity VS Marital Disaffection IN Philippine LAW

The Supreme Court clarifies when a spouse's emotional distance is psychological incapacity under Article 36, and when it is simply a failed marriage.

Credit Card Interest Rates: Balancing Lender Rights and Borrower Protection in the Philippines

The Supreme Court limits credit card interest and penalty rates to 2% monthly, balancing lender rights with borrower protection.

Residency vs. Domicile in Philippine Elections: The Pundaodaya Ruling

The Supreme Court clarifies that voter registration and property ownership do not prove election residency, which legally means domicile.

Abandonment vs Illegal Dismissal: Protecting Employee Rights in the Philippines

Explain the difference between abandonment and illegal dismissal in Philippine labor law, and the employer's burden of proof.

Forced Resignation Is Illegal Dismissal: Casa Cebuana v. Leuterio

Forcing an employee to resign without due process is illegal dismissal. Learn the two-notice rule from Casa Cebuana v. Leuterio.

Management Prerogative vs Constructive Dismissal: When Transfer of Employees Is Valid

Supreme Court clarifies when a permanent transfer is valid management prerogative and not constructive dismissal, and when benefits may be reduced.

Court Personnel and Immoral Conduct: When Private Acts Become Administrative Liability

Philippine Supreme Court ruling on how court employees' private immoral conduct can lead to administrative sanctions and suspension.

Finality of Judgments: Why Prior Dismissals Can Prevent New Lawsuits

A dismissed case can bar a refiled lawsuit. The Supreme Court explains the doctrine of res judicata and finality of judgments.

Emancipation Patents and Land Ownership: Protecting Agrarian Reform Beneficiaries

Learn how emancipation patents vest absolute ownership in farmer-beneficiaries, and why temporary surrender of possession does not mean abandonment.

Loss of Redemption Rights: Inheriting Property After Mortgage Foreclosure in the Philippines

When a mortgaged property is foreclosed and not redeemed, heirs lose inheritance rights. The Supreme Court explains why.

Diligence Required Enforcing Final Judgments AND Avoiding Laches IN Philippine LAW

A 13-year delay in enforcing a final judgment bars execution by motion and constitutes laches. Learn the rules and deadlines.

When Counsel's Gross Negligence Can Win a Client a New Trial

The Supreme Court explains when a lawyer's gross negligence deprives a client of due process and justifies a new trial.

U-Turn Negligence: When a Sudden Maneuver Establishes Fault in Vehicle Collisions

A sudden U-turn without signal lights can establish negligence and proximate cause in a vehicle collision, making the driver and employer liable for damages.

Illegal Dismissal: Employer Bears Burden of Proving Just Cause and Due Process

Philippine Supreme Court ruling on employer's burden to prove just cause and due process in illegal dismissal cases.

Conjugal Property and Spousal Liability: Defining Benefit Under the Family Code

When can a spouse's personal debt be charged against conjugal property? The Supreme Court clarifies the Rule Under Article 122

Marital Discord and Deadly Conspiracy: Establishing Parricide Through Circumstantial Evidence

Explore how Philippine courts convict parricide when a spouse conspires with a lover to kill, relying on circumstantial evidence.

Sweetheart Defense Fails: Rape Conviction Upheld Without Proof of Consent

Philippine Supreme Court rejects the "sweetheart theory" in rape cases, affirming that love affairs do not justify sexual violence without consent.