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 584 articles for exceptions

Missed Deadline Dismissed Appeal Why Perfecting Appeals On Time IS NON Negotiable IN Philippine Labor Cases

Philippine Supreme Court ruling on appeal bonds in labor cases: non-posting within the reglementary period is fatal and jurisdictional.

Sheriffs Authority Limits and Liabilities in Property Demolition in the Philippines

When can a sheriff demolish property during execution? The Supreme Court clarifies the limits of a sheriff's authority and liability in demolition cases.

Constructive Dismissal: When Employee Transfers Become Unfair Labor Practices

Philippine Supreme Court ruling on when a management transfer becomes constructive dismissal and unfair labor practice.

Certification Against Forum Shopping: Why the Principal Party Must Sign and When Courts Relax the Rule

Philippine courts require the principal party to sign the certification against forum shopping. Learn the rule, its exceptions, and practical lessons from Abaigar v. Abaigar.

Breach of Contract Rescission and the Importance of Proving Payment

A buyer who claims full payment must prove it with credible evidence; the Supreme Court explains rescission under Article 1191.

Corporate Asset Purchases and Prior Presidential Approval: DBP v. COA

Explaining the Supreme Court ruling in DBP v. COA on prior presidential approval for government corporate vehicle purchases and disallowance.

Presidential Approval Required for Government Vehicle Purchases: DBP v. COA

Supreme Court affirms COA disallowance of DBP's vehicle purchases for lack of presidential approval under LOI 667 and Letter of Implementation No. 29.

Mandamus and Discretionary Powers: Can Courts Compel Agency Action?

Explaining the limits of mandamus in Philippine law, when courts can compel agency action, and the doctrine of qualified political agency.

Exhaustion of Administrative Remedies: When Can You Skip the Bureaucracy and Go to Court

Philippine Supreme Court explains the doctrine of exhaustion of administrative remedies and its exceptions, using a GSIS dismissal case as an example.

Condominium Assessments: Lien Enforcement and Priority in the Philippines

Learn how condominium assessment liens work in the Philippines, including registration requirements, priority rules, and enforcement limits under the Condominium Act.

Non-Retroactivity of BIR Rulings: The Benguet Case and Taxpayer Protection

Learn how the Supreme Court protects taxpayers from retroactive BIR rulings, based on the landmark Benguet Corporation case.

When Judges Must Dismiss Cases: The 90-Day Rule and Judicial Accountability in the Philippines

Philippine judges have a constitutional 90-day period to decide cases. This article explains the rule, its exceptions, and what happens when judges delay.

When Strikes Become Illegal: Collective Bargaining Rights and Union Representation in the Philippines

The Supreme Court clarifies when strikes are illegal, who can be dismissed, and the rules on backwages for union members.

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.

The Fresh Period Rule: Resetting Appeal Deadlines After a Motion for Reconsideration

Learn how the Fresh Period Rule gives litigants a new 15-day window to appeal after a motion for reconsideration is denied.

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.

Exhaustion of Administrative Remedies: Why You Must First Navigate Government Channels

Philippine Supreme Court ruling explains why bidders must exhaust administrative remedies under R.A. 9184 before going to court.

Execution Pending Appeal in Election Cases: When "Good Reasons" Are Not Enough

The Supreme Court clarifies when execution pending appeal in election cases is allowed and why "good reasons" must be clearly established.

Unsigned Stipulations in Mortgages: Philippine Supreme Court Upholds Consent as Key

Philippine Supreme Court rules a mortgage stipulation inserted after signing without the mortgagor's consent is void ab initio.

Finality of Judgments in Disbarment Cases: Lessons from Bihag v. Era

The Supreme Court enforces final disbarment orders through execution and contempt, underscoring the doctrine of finality of judgment.

Why Exhausting Administrative Remedies Matters in Philippine Property Disputes

Learn from a 2006 Supreme Court ruling why skipping administrative appeals before going to court can be fatal to a property case.

Demand NOT Always Needed When Philippine Banks CAN Foreclose Without Prior Notice

Philippine Supreme Court clarifies when banks may foreclose without prior demand, and limits on preliminary injunctions against foreclosure.

Exhausting Administrative Remedies with the COA: A Prerequisite for Money Claims Against Government Agencies

Philippine Supreme Court ruling clarifies that money claims against government agencies must first be filed with the COA before going to court.

David v. Arroyo: The Supreme Court on Presidential Powers and Civil Liberties

A landmark ruling on how the President's emergency powers under the Constitution must yield to fundamental civil liberties.