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 409432 of 661 articles for counsel

Presumption of Regularity Protecting Judges From Baseless Charges and Harassment

Learn how the presumption of regularity shields judges from baseless administrative charges and protects judicial independence.

Fraud Voids Donations: Protecting Consent in Property Transfers

Philippine Supreme Court ruling on how fraud and misrepresentation invalidate donations, protecting illiterate donors' consent in property transfers.

Stare Decisis in Philippine Courts: How Prior Rulings Bind Future Cases

The Supreme Court applies stare decisis to bar relitigation of the Pepsi The decision demonstrates how prior rulings on the same controversy can bar subsequent claims and promote consistency in the ad

DARAB Jurisdiction Covers Agrarian Disputes Beyond Landlord-Tenant Relationships

Supreme Court clarifies DARAB jurisdiction extends to all agrarian disputes, including joint production agreements under CARP, not just traditional landlord-tenant cases.

When a Lawyer's Negligence Leads to Suspension: The Adecer v. Akut Case

A lawyer who misses the deadline for filing a client's petition for probation faces administrative liability, even if the client was also negligent.

Attorney Negligence in the Philippines: Upholding Client Trust and Diligence

A lawyer's failure to file a memorandum and return a client's money order leads to reprimand, reaffirming duties of diligence and fidelity.

Attorney's Fees in Estate Settlement: When Can Lawyers Directly Claim From the Estate?

Learn when lawyers may directly claim attorney's fees from an estate in the Philippines, based on Supreme Court rulings and estate settlement rules.

Protecting Your Property Rights: Contract Cancellation in Philippine Real Estate

Learn how RA 6552 protects installment buyers and why procedural rules matter in contract cancellation cases under Philippine law.

Malversation of Public Funds in the Philippines: When Reimbursement Does Not Erase Liability

Failure to liquidate public funds can lead to malversation conviction even if the amount is later reimbursed. Learn the rules and key lessons from a Supreme Court case.

When Courts Deny Postponements: Due Process in Philippine Litigation

A Supreme Court ruling on when denying a motion for postponement violates due process, and what parties must show to get a resetting.

Demolition of Illegal Structures: When a Court Order Is Required in the Philippines

Philippine law generally requires a special court order before a city may demolish existing structures, even those built without permits. Learn the rules.

Conflict of Interest and Private Practice: Lessons from Lim-Santiago v. Sagucio

A disbarment case clarifies when a lawyer's past ties create a conflict and why government prosecutors cannot practice privately.

Certiorari Without Motion for Reconsideration: Exceptions Under Rule 65

Learn when Philippine courts allow a direct petition for certiorari without a prior motion for reconsideration, based on the PAL-PESALA case.

Habeas Corpus and Mootness: When Release Ends a Petition in Philippine Law

Philippine Supreme Court explains when a detainee's release renders a habeas corpus petition moot, with practical guidance.

Attorney Accountability Understanding Lawyer Negligence AND Upholding Client Trust IN THE Philippines

Philippine Supreme Court suspends lawyer for gross negligence, explaining counsel's duties of fidelity, diligence, and proper withdrawal under the Code of Professional Responsibility.

Tax Declaration vs. Deed of Sale: Proving Land Ownership in the Philippines

A tax declaration annotation is not proof of land ownership. Learn what documents legally establish title under Philippine law.

Verification and Certification of Non-Forum Shopping: Why Your Personal Signature Matters

A party must personally sign the verification and certification against forum shopping; a lawyer's signature, even with an SPA, may be fatal.

Arraignment Delays and Your Right to Speedy Trial in the Philippines

When repeated postponements of arraignment violate the constitutional right to speedy trial, dismissal of the case and release may be warranted.

Contractor’s Liens and Privity of Contract: Lessons from Jan-Dec Construction v. FTI

A contractor’s lien under Article 2242 has limits—privity of contract and the right remedy matter. Learn from Jan-Dec Construction v. FTI.

Transferee Recruitment Agency Liability and OFW Claims: The Grand Placement Case

Explaining when a transferee recruitment agency assumes liability for OFW claims, and why evidence still matters in monetary disputes.

SSS Death Benefits for Legal Spouses: Separation Agreements and Beneficiary Rights

A look at how Philippine law treats legal spouses as SSS primary beneficiaries despite separation agreements, and the procedural lessons from a 2006 Supreme Court ruling.

Automatic Review of Death Penalty Cases Cannot Be Waived: People v. Flores

The Supreme Court rules that appellate courts cannot dismiss death penalty appeals for failure to file briefs, as review is mandatory.

Corporate Officer Liability When Signing Loan Documents Leads to Criminal Charges in the Philippines

Learn when signing loan documents as a corporate officer can trigger criminal liability in the Philippines, based on Supreme Court rulings.

Administrative Accountability: When Can You File a Complaint Against a Philippine Court Employee

Learn when a complaint against court personnel prospers or fails, based on the Supreme Court ruling in Mikrostar Industrial Corporation v. Mabalot.