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.
Ombudsman's Discretion in Evaluating Criminal Complaints: Key Lessons from Espaldon v. Buban
The Supreme Court clarifies that the Ombudsman's discretionary dismissal under Section 20 of R.A. 6770 applies only to administrative, not criminal, complaints.
Reformation of Instruments When a Written Contract Fails to Reflect True Intentions
Philippine Supreme Court explains when courts may reform a written contract to reflect the parties' true intentions, citing Article 1359.
Electricity Disconnection: Utility's Duty to Inspect and Provide Notice
When can a distribution utility disconnect electric service? The Supreme Court clarifies the duty to inspect meters and give proper notice.
Unregistered Real Estate Mortgages: Valid Between Parties Despite Formal Defects
Philippine Supreme Court clarifies that defective notarization or registration of a real estate mortgage does not invalidate it between the parties.
Maritime Liens vs Preliminary Attachment: Enforcement Rules Under Philippine Law
Philippine Supreme Court clarifies when a maritime lien suffices and when a writ of preliminary attachment is proper.
Lawyer Suspended for Lending Money to Client: Breach of Fiduciary Duty
Supreme Court suspends lawyer for three months for lending money to a client, citing Rule 16.04 of the Code of Professional Responsibility.
Lawyer Suspended for Lending Money to Client: A Lesson in Legal Ethics
The Supreme Court suspended a lawyer for lending money to a client and foreclosing on the mortgage—a clear violation of the Code of Professional Responsibility.
Habitual Absenteeism in the Judiciary: Dismissal for Court Employee Who Abandoned Post
Supreme Court dismisses court interpreter for habitual absenteeism, forfeiting benefits and barring re-employment in government service.
CBA vs Bank Policy: Protecting Workers' Rights Against Unilateral Loan Changes
Supreme Court rules banks cannot impose credit-check requirements on CBA salary loans without negotiating with the union first.
Upholding Client Confidentiality Attorney Sanctioned FOR Representing Conflicting Interests
Philippine Supreme Court affirms that lawyers cannot buy client property or represent conflicting interests, voiding a transfer under Article 1491.
Breach of Public Trust: Defining Misconduct and Dishonesty in Government Service
The Supreme Court affirms penalties against a former PCGG chairman for grave misconduct, serious dishonesty, and conduct prejudicial to the best interest of the service.
Breach of Contract and Estafa: Developer Liability for Unfulfilled Property Sale
When a developer fails to deliver titles after full payment, both civil and criminal remedies may apply. The Supreme Court clarifies when estafa and P.D. 957 violations arise.
Bank's Failure to Release Loan Funds Nullifies Foreclosure of Mortgage
Philippine Supreme Court rules a bank's breach of a credit agreement bars foreclosure, explaining borrower's reciprocal obligation to pay only arises after full release of loan proceeds.
Mining Rights Due Process Prevails Over Automatic Abandonment in Philippine Mining Law
Philippine Supreme Court clarifies that mining claims cannot be automatically abandoned for failure to file work obligation reports; due process must first be observed.
Navigating Seafarer Disability Claims: The Mandatory Third Doctor Rule
When a seafarer's doctor and the company physician disagree on disability, the POEA-SEC's third-doctor rule is mandatory. Hernandez v. Magsaysay explains why.
Perfected Construction Contract Award Trumps Suspension
A bidder's acceptance of a notice to proceed perfects a construction contract; a later suspension does not undo it. The Supreme Court explains.
Defective Summons When Improper Service Nullifies Court Jurisdiction
When service of summons misses the persons listed in Rule 14, Section 11, the court never gains jurisdiction—even if a secretary accepts the papers.
Corporate Dissolution Directors As Trustees and Guarantor Liability After Corporate Revocation
Explains Reyes v. Bancom: corporate revocation doesn't abate suits, directors act as trustees, and guarantors remain liable.
When Procedural Lapses Yield to Substantial Justice: Ben Line v. Madson
The Supreme Court ruled that procedural rules must yield to substantial justice when a party rectifies defects, as in Ben Line v. Madson.
Proving Fault in Pre-Employment Medical Exams: The St. Martin Polyclinic Case
A clinic cleared a worker as fit, but he tested positive for hepatitis C abroad. The Court explains when negligence can—and cannot—be presumed.
Due Process Prevails: Cross-Examination Rights and the Consequences of Missed Notice
A Supreme Court ruling on why a labor arbiter cannot hold non-parties liable in an execution writ without due process and jurisdiction.
PAGCOR Tax Landscape: Franchise Tax vs Income Tax Obligations Under Philippine Law
The Supreme Court clarifies PAGCOR's tax liabilities: 5% franchise tax on gaming income, income tax on related services, and FBT obligations.
No Illegal Dismissal Without Proof Employee Must First Establish Dismissal Before Employers Burden Arises
Philippine Supreme Court ruling on who bears the burden of proving dismissal in illegal dismissal cases.
Untangling VAT Refund Claims Navigating Deadlines for Zero-Rated Sales
Learn how the Supreme Court clarified the mandatory deadlines for VAT refund claims on zero-rated sales, and why missing them is fatal.