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 661 articles for counsel

Preliminary Investigation Rights and the Definition of Rape: Key Lessons from De Castro

Learn when the right to preliminary investigation is waived and why finger insertion constitutes rape through sexual assault under Philippine law.

Land as Attorney’s Fees: Enforcing Written Contracts for Legal Services in the Philippines

Philippine courts uphold written attorney’s fee contracts, even those paid in land, provided the essential elements of a valid contract are present.

When Is a Buy-Bust Operation Legal in the Philippines? Key Rules from People v. Nicolas

Philippine courts uphold buy-bust operations as valid drug enforcement, even without prior surveillance. Learn the essential elements and your rights.

Estate Settlement Venue and Remarriage After Foreign Divorce: Key Philippine Rules

Philippine Supreme Court clarifies estate settlement venue means actual residence, and a Filipino divorced by a foreign spouse may remarry.

Can an RTC Annul a DARAB Decision? Jurisdiction in Agrarian Disputes

RTCs generally cannot annul DARAB decisions—they are co-equal bodies. Appeals must go to the Court of Appeals.

Missed Appeal Deadlines Understanding THE Fresh Period Rule IN Philippine Courts

Learn how the fresh period rule in Neypes v. CA changed appeal deadlines in Philippine courts, giving litigants a full 15 days after denial of a motion for reconsideration.

Protecting Government Assets Understanding Exemptions From Execution IN THE Philippines

The Supreme Court clarifies when government funds and properties are exempt from execution, and when judges and sheriffs can be held liable.

Nemo Dat Quod Non Habet: Why Title Verification Matters in Philippine Property Deals

Philippine law bars transferring property you don't own. Learn the nemo dat rule from Hermosilla v. Remoquillo and how to protect your purchase.

Accountability in the Judiciary: Understanding Neglect of Duty for Court Personnel in the Philippines

A look at how the Supreme Court defines and penalizes simple neglect of duty by court personnel, using a 2006 case as an example.

Unprobated Wills and Ejectment: Why Probate Is Required Before Claiming Property Rights in the Philippines

An unprobated will has no legal effect in Philippine courts. Learn why probate is mandatory before asserting inheritance rights in property disputes.

Balancing Property Rights and Law Enforcement: The Release of Seized Goods in Intellectual Property Cases

Philippine Supreme Court ruling on the release of seized goods in IP cases, balancing property rights and law enforcement.

Substantial Compliance in Appellate Procedure: Balancing Technical Rules and Justice

The Supreme Court relaxes technical rules in labor cases, allowing substantial compliance with Rule 65 and Rule 13 requirements.

Supplemental Complaints and Forum Shopping: Lessons from Young v. Sy

The Supreme Court clarifies when supplemental complaints are allowed and why filing both an appeal and certiorari amounts to forum shopping.

Arson and Homicide: Distinguishing Intent and Consequences in Philippine Law

Philippine Supreme Court clarifies when arson absorbs resulting deaths versus when separate homicide charges apply, using intent as the key.

Motion for Reconsideration: Avoiding Pro Forma Dismissals in Philippine Courts

Learn how Philippine courts treat procedural lapses in motions for reconsideration, and why substantive justice prevails over technicalities.

Limits on Self-Representation When a Lawyer Is Required in Court

Philippine Supreme Court clarifies when a party may appear without counsel and why mixing self-representation with a lawyer's appearance is not allowed.

Default Judgments and Due Process: What Civil Litigants Must Know

A bus company was declared in default for missing trial. The Supreme Court clarified the rules on default, due process, and procedural rights.

The Signature Imperative: Why Unsigned Pleadings Fail in Philippine Courts

Philippine courts require pleadings signed by counsel or party. Learn why an answer signed by an unauthorized person is void and triggers default.

Common Carrier Liability in the Philippines: Breach of Contract of Carriage Explained

Philippine common carriers face a presumption of negligence when passengers are injured or killed. Learn the rules and how to rebut them.

Bound by Your Lawyer’s Mistakes? Client Responsibility Under Philippine Law

Philippine courts generally hold clients responsible for their lawyers' negligence. Only gross negligence that deprives a client of due process warrants relief.

Who Is in Delay in Reciprocal Obligations? Philippine Contract of Sale Disputes

Philippine Supreme Court clarifies when delay begins in reciprocal obligations under a contract of sale, and why mutual default cancels out.

When Fear Is Not Enough: Unlawful Aggression in Philippine Self-Defense Cases

Philippine law requires actual unlawful aggression for self-defense claims. Learn what counts and what does not under the Revised Penal Code.

Right to Present Evidence Ensures Fair Trial Despite Counsel's Absence

Supreme Court rules that a client's right to present evidence cannot be sacrificed due to counsel's absence, ensuring fair trial.

Gross Negligence of Counsel Can Justify New Trial in Criminal Cases

When a lawyer's gross negligence deprives an accused of due process, courts may reopen the case for a fair trial.