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 385403 of 403 articles for erc

Right of Repurchase in Philippine Real Estate: Pacto de Retro Rules Explained

Learn the rules on pacto de retro sales and the right of repurchase in Philippine real estate, including annotation duties and judicial requirements.

Conditions vs. Warranties in Philippine Sales Contracts: The Power Commercial Case

Learn how Philippine law distinguishes contract conditions from warranties, and when a seller's failure to deliver possession justifies rescission.

Receivership in the Philippines: When Courts Appoint a Receiver Under Rule 59

Learn when Philippine courts may appoint a receiver under Rule 59, based on the Supreme Court's ruling in Commodities Storage & Ice Plant Corp. v. CA.

Counterclaims in Criminal Cases: When Can the Accused Seek Damages?

The Supreme Court in Cabaero v. Cantos clarifies when an accused may file a counterclaim for damages in a criminal case, and when a separate civil action is required.

Withdrawing a Criminal Appeal in the Philippines: Rights and Limits After Conviction

Can a convicted person withdraw a criminal appeal in the Philippines? People v. Redulosa explains the right, limits, and consequences.

Sheriff’s Fees in the Philippines: Rules, Limits, and the Abellera Case

Learn the legal limits on sheriff’s fees in the Philippines, the Abellera ruling on excessive charges, and practical safeguards for litigants.

Accretion vs. Foreshore Land in the Philippines: Who Owns Newly Formed Land?

Philippine law distinguishes accretion from foreshore land. Learn who owns newly formed land along rivers and seas under the Civil Code and the Spanish Law of Waters.

DARAB Jurisdiction Explained: Filing Agrarian Disputes in the Philippines

Learn where to file agrarian disputes in the Philippines—DARAB vs. PARAD jurisdiction clarified under R.A. 6657 and the DARAB rules.

Mental Incapacity as a Ground for Dismissal: The Alagaban Case and Due Process in Philippine Labor Law

Philippine law allows dismissal for mental incapacity, but only with strict due process. The Alagaban case shows how courts balance employee rights and workplace efficiency.

Illegal Recruitment and Estafa in the Philippines: Key Lessons from a Supreme Court Case

Learn how Philippine courts handle illegal recruitment and estafa, and what job seekers must know to avoid scams.

Treachery (Alevosia) in Philippine Murder Cases: The Apawan Ruling Explained

Learn how treachery (alevosia) qualifies a killing as murder under Philippine law, based on the Supreme Court's ruling in People vs. Apawan.

Failure of Election vs. Election Protest: Key Differences Explained

Learn the legal distinction between a failure of election and an election protest, based on the Supreme Court ruling in Borja vs. COMELEC.

Judge's Authority in Marriage Solemnization: Jurisdiction and Validity Rules

Learn the jurisdictional limits of judges solemnizing marriages in the Philippines and the mandatory presumptive death proceeding under the Family Code.

Self-Defense in the Philippines: When Using Force Becomes Justifiable

Philippine law allows self-defense only under strict conditions. Learn the rules, the limits of proportionate force, and key lessons from a Supreme Court case.

Just Cause Termination for Workplace Fighting: The Royo Case and Due Process in the Philippines

When can an employer fire an employee for fighting? The Royo case clarifies serious misconduct as just cause and the due process required.

When Can an Employer Assign Tasks Outside Your Job Description? Philippine Labor Law

Philippine law limits management prerogative. Learn when an employer can assign tasks outside your job description and your rights.

Child Witness Testimony in Philippine Courts: Competency and Credibility Standards

Philippine courts evaluate child witness competency case-by-case. Learn the standards from People v. Mendoza and practical takeaways.

Builder in Good Faith in the Philippines: Rights Under Property Law

When can a mistaken builder claim good faith under Philippine law? The Supreme Court's ruling in Pleasantville clarifies the rights of builders and landowners.

Conflict of Interest Under RA 3019: The Domingo Case on Public Office Integrity

A mayor's conviction for conflict of interest under RA 3019 Section 3(h) shows why public officials must avoid even the appearance of impropriety.