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 584 articles for exceptions

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.

Executive Privilege in the Philippines: When Can the President Withhold Information? Ermita v. Senate Explaine

The Supreme Court's ruling in Ermita v. Senate defines the limits of executive privilege and Congress's power of inquiry in the Philippines.

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.

Final Judgment in Philippine Courts: Why It's Nearly Impossible to Change and What It Means for You

A final and executory judgment is immutable. Learn why courts can't modify it, the narrow exceptions, and what this means for property owners.

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.

When "No Work, No Pay" Doesn't Apply: Employee Rights During Internal Investigations

Philippine Supreme Court ruling clarifies when an employee under investigation may still be entitled to wages, even if not reporting for work.

Real Property Tax Exemption for Telecoms: Understanding Franchise Rights in the Philippines

Learn how the Supreme Court ruled on Bayantel's real property tax exemption under its legislative franchise, and what this means for telecom companies.

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.

Stock Trading Risks: Broker and Investor Duties in the Philippines

A Supreme Court ruling clarifies when brokers and investors are liable for unpaid stock trades and how the pari delicto rule applies.

Freeport vs Customs Territory: Navigating Importation Laws in Philippine Economic Zones

Supreme Court ruling on EO 156 clarifies that importation bans in customs territory do not automatically apply inside the Subic Bay Freeport.

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.

Burden of Proof in Insurance Claims: Insurers Must Prove Policy Exclusions Apply

When an insurer denies a claim citing a policy exclusion, Philippine law requires the insurer to prove the exception applies—mere suspicion is not enough.

Protecting Your Retirement: When the Government Can Withhold Benefits in the Philippines

Philippine Supreme Court ruling explains when retirement benefits can be withheld for government debts, and what protections retirees have.

Mootness in Philippine Courts: Understanding Case Dismissal and Justiciable Controversy

Learn how Philippine courts handle moot cases, the justiciable controversy requirement, and what Easycall v. King teaches about jurisdiction.

Delegation of Authority in Tax Assessments: When a Subordinate's Demand Letter Becomes Final

Learn when a demand letter from a BIR subordinate officer counts as the Commissioner's final decision on a protested tax assessment, and why timing matters.

Barangay Conciliation: Why a Settlement Agreement Cannot Replace the Lupon Requirement

Learn from Berba v. Pablo why a barangay settlement with one party does not excuse mandatory conciliation before filing an ejectment suit.

Finality of Judgments and Lawyer Discipline: Lessons from Bihag v. Era

A disbarred lawyer's attempt to revive his case through a writ of error fails, underscoring the doctrine of finality of judgment.

Preliminary Injunction Against MMDA Billboards: Protecting Contractual Rights Pending Trial

Supreme Court affirms preliminary injunction stopping MMDA from dismantling MRT 3 billboards, protecting Trackworks' contractual advertising rights pending trial.

Tax Credit Claims: Time Limits and Exceptions for Advance Payments

Philippine Supreme Court ruling on tax credit claims for advance income tax payments, and when the two-year prescriptive period may not apply.

Tax Assessment and Collection: Understanding the 10-Year Rule in the Philippines

Learn when the 10-year prescriptive period applies to tax assessment and collection in the Philippines, explained through the Commissioner of Internal Revenue v. Tulio case.

Foreclosure Sales and Labor Claims: When Buyers Are Not Liable for a Mortgagor's Debts

The Supreme Court clarifies that a mortgagee-creditor who buys foreclosed assets does not automatically assume the mortgagor's labor liabilities.

Family Home Exemption: When Creditors Can Seize Your Property in the Philippines

The family home exemption protects Filipino families from creditors—but not for debts incurred before the home was constituted. Learn the rules.

Certificate of Registration vs. Prior Title Claims: The Amante v. Serwelas Ruling on Vehicle Ownership

The Supreme Court in Amante v. Serwelas affirmed that a certificate of registration creates a strong presumption of ownership in property disputes.