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 5,159 articles for heir

Libel in the Philippines: When Posting a Complaint Becomes a Crime

The Supreme Court clarifies the elements of libel, including publication and malice, in a case involving posted criminal complaints.

When Can a Foreign Corporation Sue in Philippine Courts? The Monsanto Case

The Supreme Court clarifies when an unlicensed foreign corporation can sue in the Philippines, focusing on transactions through local indentors.

Land Registration in the Philippines: Understanding Alienable and Disposable Land

Learn how RA 11573 changed proof requirements for registering alienable and disposable land in the Philippines, explained through a recent Supreme Court ruling.

OFW Illegal Dismissal: Philippine Labor Laws Protect Workers Abroad

Philippine labor laws protect OFWs from illegal dismissal, even abroad. Learn the rules on retrenchment, due process, and remedies.

Heirship in Property Disputes: Can Ordinary Civil Actions Decide Inheritance?

The Supreme Court clarifies when heirship can be resolved in an ordinary civil action, not just special proceedings, for property disputes.

Circumventing Procurement Laws: Supreme Court Affirms Dismissal of Local Officials

Supreme Court affirms dismissal of Buguias officials who bypassed competitive bidding under R.A. 9184, reinforcing public trust standards.

Negligence in Notarization: Lawyers Must Verify Identity to Avoid Malpractice

A notary's failure to verify identity through competent evidence can lead to suspension and loss of notarial commission.

Prejudicial Question in the Philippines: Suspension, Not Dismissal, of Criminal Cases

A prejudicial question suspends, not dismisses, a criminal case. Learn the rule from a recent Supreme Court ruling.

Proving Employer-Employee Relationship in Illegal Dismissal Cases

A look at Sermona v. Hacienda Lumboy and the rules on proving employer-employee relationships in illegal dismissal cases in the Philippines.

Omission of Drug Quantity in Information: Can Conviction Still Stand?

The Supreme Court clarifies when an Information's failure to state drug quantity affects conviction and penalty in drug cases.

Confiscation of Property and Due Process Rights of Third-Party Owners

When can the government confiscate a vehicle used in illegal logging? The Supreme Court clarifies the due process rights of third-party owners.

Upholding Mutuality in Loan Agreements: Scrutinizing Interest Rate Adjustments

The Supreme Court clarifies when a bank's interest rate adjustments in loan agreements are valid, reaffirming the principle of mutuality of contracts.

Sandiganbayan's Exclusive Appellate Jurisdiction Over Civil Forfeiture Cases

The Supreme Court clarifies that appeals from RTC decisions in civil forfeiture cases under RA 1379 must go to the Sandiganbayan, not the Court of Appeals.

Writ of Possession: Ministerial Duty vs Third-Party Adverse Claims in Foreclosure Sales

The Supreme Court clarifies when a writ of possession is ministerial and when third-party adverse claims can stop it.

Lascivious Conduct Under RA 7610: The Magno Case Explained

The Supreme Court clarifies when touching a minor's private parts is lascivious conduct under RA 7610, citing the Magno case.

Attractive Nuisance Doctrine and Negligence in Child Injury Cases

Supreme Court explains when a hotel pool with slides becomes an attractive nuisance and when res ipsa loquitur shifts the burden of proof.

Plea Bargaining in Drug Cases: DOJ Guidelines and Court Discretion in the Philippines

The Supreme Court clarifies when trial courts may approve plea bargaining in drug cases and the role of evidence in resolving objections.

Lawyer Suspended for Neglecting Client’s Case and Failing to Inform Her of Adverse Decision

The Supreme Court suspends a lawyer for six months for neglecting a client’s labor case and failing to inform her of the adverse decision, which barred her appeal.

Mortgage in Good Faith vs True Owner: Navigating Philippine Property Law

Explore the Supreme Court's ruling on mortgagee in good faith versus true owner rights in Philippine property disputes.

Sula v. COMELEC: Supreme Court Upholds Cotabato City’s Inclusion in BARMM

Supreme Court affirms COMELEC’s conduct of the Bangsamoro plebiscite, upholding Cotabato City’s inclusion in BARMM as the people’s will.

Reconstitution of Lost Land Titles: Strict Compliance with RA 26 Required

The Supreme Court clarifies that substantial compliance is not enough when petitioning for reconstitution of lost or destroyed land titles under RA 26.

Reconstitution of Lost Land Titles: Strict Rules Under RA 26 Explained

Lost your Torrens title? Judicial reconstitution demands strict compliance with RA 26. Learn the rules, evidence, and burden of proof.

Constructive Delivery in Property Sales: What the Tamayao Case Teaches Buyers

A notarized deed can transfer ownership, but registration is key. The Tamayao case shows why due diligence matters in Philippine property sales.

Proving Social Media Authorship in VAWC Cases: The G.R. No. 274842 Guide

Supreme Court clarifies how to prove Facebook post authorship in VAWC psychological abuse cases and raises penalties for ICT use.