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.
Limits of a General Power of Attorney Authority to Sell Real Property in the Philippines
Philippine Supreme Court clarifies that a general power of attorney does not authorize an agent to sell real property without a special power of attorney.
Termination Disputes and Choice of Law: Protecting Philippine Labor Rights in Cross-Border Employment
Philippine labor tribunals can hear termination disputes involving foreign employers; Philippine law applies when the worker's duties are performed here.
Unjust Enrichment in Lease Agreements When a Burnt Building Doesnt Excuse Rent
Philippine Supreme Court ruling on lessee liability for rent after a building on leased land burns down, explained in plain language.
Constructive Dismissal Claims: When Resignation Is Voluntary and Not Forced
The Supreme Court clarifies when a resignation is voluntary rather than constructive dismissal, and which money claims belong in labor courts.
Perfecting Appeals in Special Proceedings: Why the Record on Appeal Matters
In special proceedings like estate settlement, failing to file a record on appeal is fatal. Learn the rules and avoid losing your appeal.
VAT Refund Timelines: Strict Compliance Prevails Over Prior BIR Rulings
Supreme Court clarifies mandatory 120+30 day VAT refund periods; late judicial claims fail despite BIR Ruling No. DA-489-03.
Loss of Trust and Due Process: Philippine Standards for Employee Dismissal
Philippine Supreme Court clarifies the standards for loss of trust and due process in employee dismissal cases under the Labor Code.
Breach of Contract and the Limits of Bank Manager Authority: Apparent Authority in Real Estate Transactions
When does a bank branch manager's promise bind the bank? The Supreme Court explains apparent authority in Games and Garments Developers, Inc. v. Allied Banking Corporation.
Mortgage Foreclosure Absence of Special Power to Sell Invalidates Extrajudicial Proceedings
Philippine Supreme Court rules that extrajudicial foreclosure requires a special power to sell inserted in or attached to the mortgage deed, otherwise the proceedings are void.
BP 22 Acquittal: Why Actual Receipt of Notice of Dishonor Is Critical
In Robert Chua v. People, the Supreme Court acquitted a BP 22 accused because prosecutors failed to prove actual receipt of the notice of dishonor.
Strict Compliance Required for Serving Summons on Domestic Corporations
The Supreme Court clarifies that service of summons on domestic corporations must strictly follow Rule 14, Section 11, or the court lacks jurisdiction.
Insurance Claim Denied for Drunk Driver: Proving Intoxication in Philippine Law
Philippine Supreme Court ruling on when insurers may deny claims due to driver intoxication and the evidence required.
Protecting Public Land: The Nullity of Sales Within the Five-Year Prohibitory Period
A sale of free patent land within five years is void ab initio, imprescriptible, and cannot be cured by laches.
Revocation and Renewal: Understanding Surety Obligations in Philippine Banking
When a continuing surety expires or is revoked, a bank cannot hold the surety liable for loans made after that point.
Local Autonomy vs National Interest: Can Congress Override Local Taxing Power
The Supreme Court strikes down RA 9167 provisions that diverted local amusement taxes to a national agency, affirming local fiscal autonomy.
Contributory Negligence in Property Disputes: Balancing Rights and Responsibilities
When adjoining landowners cause damage to each other, Philippine courts weigh contributory negligence in awarding damages. Learn from the Vergara v. Sonkin case.
Avoiding Forum Shopping in Philippine Construction Disputes: Key Lessons from Dynamic Builders
Learn how the Supreme Court's ruling in Dynamic Builders clarifies forum shopping rules and injunctive relief in Philippine construction disputes.
Reconveyance Claims: Proving Ownership by Clear and Convincing Evidence
A look at Ibot v. Heirs of Tayco, where the Supreme Court clarified the burden of proof in reconveyance actions and the limits of Torrens title challenges.
Novation Requires Clear Creditor Consent Protecting Banks IN Debt Assumption Cases
Philippine Supreme Court ruling on debt assumption, assignment of credit, and the need for creditor consent under Civil Code.
Land Registration Requires Impeccable Proof of Alienability
The Supreme Court nullified a land registration judgment where applicants failed to present documentary proof that the property was alienable and disposable public land.
Influence Peddling IN THE Legal Profession Upholding Ethical Standards AND Public Trust
Understand when a lawyer's error becomes gross misconduct, and why obeying court orders is a sacred duty.
Civil Service Exam Fraud: Forged Signatures and Dishonesty in Public Service
Supreme Court ruling on Civil Service exam fraud, forged signatures, and the consequences of dishonesty in public service employment.
Employer Liability for Vehicular Accidents: Proving Due Diligence in Hiring Drivers
Philippine Supreme Court clarifies employer liability for driver negligence, emphasizing documentary proof of due diligence in hiring and supervision.
Counsel's Negligence and Due Process: When Can a Client Reopen a Case
When a lawyer's mistake hurts a client's case, can the case be reopened? The Supreme Court explains the limits of due process and counsel negligence.