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 2,066 articles for writ

Sheriffs Must Give Due Notice Before Enforcing Writs of Execution

A sheriff who evicts a party without the required notice commits grave abuse of authority. Learn the rules on writ enforcement.

Sheriffs Must Follow Procedure in Writ Execution or Face Administrative Liability

A sheriff's duty in executing a writ is ministerial but must strictly follow procedural rules, including notice periods, or face administrative sanctions.

Fixed-Term Contracts vs Security of Tenure: Protecting Employee Rights in the Philippines

The Supreme Court clarifies when fixed-term employment contracts are valid and when they violate an employee's security of tenure under Philippine law.

Sale vs Agency: When Unpaid Vendors Are Not Guilty of Estafa

The Supreme Court clarifies when a failed real estate deal is a breach of contract, not estafa, and why unpaid vendors cannot be criminally liable.

Forged Signatures and Land Titles: Proving Fraud in Philippine Property Cases

The Supreme Court clarifies what evidence is needed to prove forged signatures in land transactions and reconveyance claims.

Breach of Public Trust: Accountability for Malversed Funds in the Philippines

When public funds go missing, Philippine law presumes the accountable officer misappropriated them. Learn how courts apply this rule.

Compromise Agreements Bind Courts: Enforcing Terms as Written

Philippine Supreme Court ruling on compromise agreements, judicial authority, and remedies for breach in Bernardo v. Union Bank.

Writ of Possession After Foreclosure: Third-Party Claims in Philippine Mortgage Sales

Philippine Supreme Court ruling on writ of possession in mortgage foreclosures, explaining when third-party adverse claims can block eviction.

Due Process in Termination: Ensuring Fair Dismissal Under Philippine Labor Law

Learn the rules for valid dismissal in the Philippines—substantive and procedural due process, and what happens when employers fail to comply.

Unlawful Checkpoints Protecting Constitutional Rights Against Warrantless Searches

A drug suspect's acquittal shows why strict compliance with chain of custody rules and constitutional safeguards is vital in buy-bust operations.

Parental Authority vs. Individual Rights: Sterilization of Persons with Intellectual Disabilities in the Phili

The Supreme Court's Falcis ruling clarifies justiciability standards, impacting how courts handle cases involving parental authority and individual rights for persons with disabilities.

Falcis v. Civil Registrar General: Why the Supreme Court Declined to Rule on Same-Sex Marriage

The Supreme Court dismissed the petition seeking to legalize same-sex marriage in the Philippines, ruling on procedural grounds without deciding the constitutional merits.

Election Offenses: The 45-Day Ban on Releasing Public Funds for Livelihood Programs

Supreme Court clarifies the 45-day election ban on public fund releases covers LGU livelihood programs, not just DSWD projects.

Due Process and Employee Dismissal: Balancing Rights and Employer Authority in the Philippines

The Supreme Court clarifies the twin-notice rule in dismissals and when a flawed procedure still yields a valid termination.

Due Process and Employee Dismissal: Balancing Just Cause With Procedural Rights

The Supreme Court clarifies that dismissal without just cause is illegal even if procedural notice was given, entitling the employee to backwages and separation pay.

Forcible Entry: Prior Physical Possession Prevails Over Claims of Ownership

Supreme Court clarifies that in forcible entry cases, prior physical possession—not ownership—determines who may seek ejectment.

Attorney Disciplinary Actions: When Private Misconduct Leads to Disbarment

The Supreme Court disbarred a lawyer for gross immorality, dishonesty, and deceitful conduct, clarifying the boundaries of professional conduct.

Verbal Agreements vs Written Contracts: When a Lease or Workplace Transfer Can Be Modified

Philippine Supreme Court ruling on when verbal notices and transfer orders are invalid, protecting employee security of tenure.

Oral Agreements vs Written Contracts: When Verbal Lease Changes Hold Up in Court

Philippine Supreme Court clarifies when verbal agreements can modify written lease contracts, and when they cannot, in Modomo v. Layug.

Unlawful Detainer: Proving Prior Tolerance to Win an Ejectment Case

Learn the four requisites of unlawful detainer and why proving prior tolerance is key to winning an ejectment case in the Philippines.

Public Bidding and Travel Permits: When Mayors Fall Under Anti-Graft Law

The Supreme Court affirms the conviction of two mayors for violating Section 3(e) of the Anti-Graft Law over irregular medicine purchases and unauthorized travel reimbursements.

Regular vs Project Employment: Employer Must Prove Employee Status at Hiring

Supreme Court clarifies that employers bear the burden of proving project employment status, requiring clear notice at the time of hiring.

Land Rights and Oral Sales: Understanding Property Disputes in the Philippines

The Supreme Court clarifies when oral sales of land are valid, and why the five-year free patent ban on alienation matters.

Regular vs Project Employment: What the Supreme Court Requires of Employers

A 2019 Supreme Court ruling clarifies when construction workers are regular employees, not project employees, and what employers must prove.