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 43214344 of 6,795 articles

Unconscionable Greed: Attorney's Fees Must Be Reasonable and Just

Philippine Supreme Court nullifies P50M attorney's fee claim, ruling lawyers' compensation must be reasonable, not driven by greed.

Tax Refund vs Deficiency: The Rules on Set-Off in Philippine Tax Law

Philippine Supreme Court clarifies when tax refunds can be set off against tax deficiencies, and the limits of compromise agreements in tax settlements.

When Can Cases Be Reassigned? Understanding Judicial Inhibition and Venue Transfer

The Supreme Court clarifies when cases may be transferred to another judge after inhibition, and why venue transfer is not automatic.

Premature Partition: Estate Settlement Before Property Distribution

When heirs can and cannot demand partition of a decedent's property before estate settlement proceedings are completed.

Judicial Reconstitution of Lost Titles and the Limits of the Bercede Guidelines

The Supreme Court clarifies when courts may rely on "other documents" to reconstitute lost titles, and how the Bercede guidelines apply.

Suspended Sentences for Juvenile Offenders: Limits and Implications in the Philippines

The Supreme Court clarifies when a juvenile offender cannot get a suspended sentence, even under RA 9344.

Mandatory Arbitration Prevails: Contractual Disputes Must Go to Arbitration First

Philippine Supreme Court ruling: when a contract has a mandatory arbitration clause, parties must arbitrate before going to court.

Warranty Against Eviction: Why Buyers Must Implead the Seller in Eviction Suits

Buyers who lose property to third-party claims must implead the seller in the eviction suit to enforce the warranty against eviction under Philippine law.

SEC Retains Power to Execute Decisions in Pending Intra-Corporate Cases

Supreme Court rules the SEC may enforce its final decisions in intra-corporate cases retained under Section 5.2 of the Securities Regulation Code.

When Self-Defense Fails: Justifying Force in Lawful Duty Requires Reasonable Response

The Supreme Court clarifies when self-defense and performance of official duty justify killing, and why both failed for PNR security officers.

Faulty Substituted Service of Summons: When Courts Fail to Acquire Jurisdiction

Philippine Supreme Court clarifies when substituted service of summons is invalid, and why courts fail to acquire jurisdiction over defendants.

Structural Integrity vs Superficial Damage: What Property Buyers Must Know About Warranties

Philippine Supreme Court ruling clarifies when cracks and leaks in a purchased property justify a refund or damages under the law.

Dismissal of Administrative Complaint Against Court Interpreter: Burden of Proof in Administrative Cases

Administrative complaints require substantial evidence; mere allegations and assumptions are insufficient to hold court personnel liable for misconduct.

Corporate Asset Purchases and Prior Presidential Approval: DBP v. COA

Explaining the Supreme Court ruling in DBP v. COA on prior presidential approval for government corporate vehicle purchases and disallowance.

Default Judgments and Due Process: What Civil Litigants Must Know

A bus company was declared in default for missing trial. The Supreme Court clarified the rules on default, due process, and procedural rights.

Military Discipline vs Civilian Courts: Jurisdiction Over Service-Connected Offenses

Supreme Court clarifies when military personnel face court-martial for service-connected offenses under RA 7055, citing the Oakwood mutiny case.

Presidential Approval Required for Government Vehicle Purchases: DBP v. COA

Supreme Court affirms COA disallowance of DBP's vehicle purchases for lack of presidential approval under LOI 667 and Letter of Implementation No. 29.

The Signature Imperative: Why Unsigned Pleadings Fail in Philippine Courts

Philippine courts require pleadings signed by counsel or party. Learn why an answer signed by an unauthorized person is void and triggers default.

Contempt of Court and Administrative Dismissals: Balancing Executive Action and Judicial Process

When can a government official be cited for contempt for implementing an administrative dismissal pending appeal? The Supreme Court explains the limits.

Board Resolution Required for Corporate Legal Representation: United Paragon Mining v. CA

Corporate officers cannot file suits or sign verifications for a corporation without a board resolution authorizing them, as United Paragon Mining v. CA shows.

Judicial Accountability: Good Faith Exception for Erroneous Judgments

Philippine Supreme Court clarifies that judges cannot be disciplined for erroneous rulings made in good faith, absent fraud or malice.

Real Property Tax Sales: Ensuring Proper Notice to Delinquent Owners

The Supreme Court clarifies the notice requirements for tax delinquency sales under P.D. 464, emphasizing strict compliance with statutory notice rules.

Probable Cause in Search Warrants: Lessons from the Marlboro Counterfeit Case

When is a search warrant valid in IP cases? The Supreme Court clarifies probable cause standards in People v. Choi.

Real Estate Foreclosure in the Philippines: Notice Requirements and Due Process

A look at Guanco v. Antolo and why strict notice and posting rules govern extrajudicial foreclosure sales in the Philippines.