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 433456 of 771 articles for pleading

Exhaustion of Remedies and Forum Shopping: Lessons from Oporto v. NPC Board

Supreme Court ruling on exhaustion of administrative remedies, forum shopping, and due process in administrative cases against government employees.

Relief From Judgment Not Available in the Supreme Court: Purcon v. MRM Philippines

The Supreme Court explains why a petition for relief from judgment under Rule 38 cannot be filed in the High Court.

Lis Pendens and Due Process: Protecting Registered Owners in Property Disputes

The Supreme Court clarifies when a notice of lis pendens may be annotated, balancing a claimant's interest against a registered owner's right to due process.

Upholding Corporate Stability When Courts Defer to Internal Disputes

How the Supreme Court resolved a family corporate dispute by deferring to amended pleadings, docket fee rules, and the limits of injunctions.

Navigating Appeals in Estate Settlements: Avoiding Forum Shopping Pitfalls

Learn when Philippine courts allow separate appeals and certiorari petitions in estate cases without committing forum shopping.

Venue Rules in Personal Actions: Why the Principal Plaintiff's Residence Matters

Supreme Court clarifies venue rules for personal actions, emphasizing the principal plaintiff's residence determines proper venue, not nominal co-plaintiffs.

Divorce by Faskh: New Grounds After a Prior Dismissal Is Not Barred by Res Judicata

Philippine Supreme Court ruling on when a dismissed divorce by faskh petition does not bar a new one due to new grounds.

Parol Evidence Rule and Oral Agreements in Lease Contracts: Key Lessons from Amoncio v. Benedicto

When can oral agreements modify a written lease? The Supreme Court explains the parol evidence rule and its exceptions.

Challenging Jurisdiction: Understanding Estoppel by Laches in Philippine Courts

When can a litigant be barred by laches from questioning a court's lack of jurisdiction? The Supreme Court clarifies in Figueroa v. People.

Dismissal Based on Theft: Upholding Employee Termination for Unauthorized Disposal of Company Property

Supreme Court rules on valid dismissal for theft of company property and the due process requirements in employee termination cases.

Voluntary Appearance Cures Defective Summons: Dole Philippines v. Quilala

When does a defective summons stop mattering? The Supreme Court explains the rule on voluntary appearance in Dole Philippines v. Quilala.

Certiorari vs Appeal: Choosing the Proper Remedy in Philippine Law

Philippine Supreme Court explains why appeal and certiorari are mutually exclusive remedies, and why procedural rules matter in extraordinary actions.

Breach of Trust in Employment: When a Demand Letter Leads to Dismissal

A managerial employee's demand letter against her employer can justify dismissal for breach of trust under Philippine labor law.

Upholding Court Authority: Contempt for Baseless Administrative Complaints

Filing baseless administrative complaints against judges and court personnel can result in indirect contempt. Learn the rules and consequences.

Vasectomy and Mutilation: Defining the Boundaries of Reproductive Rights Under Philippine Law

The Supreme Court clarifies the distinction between lawful vasectomy and criminal mutilation, affirming reproductive rights under Philippine law.

Forum Non Conveniens in the Philippines: When Courts Keep Jurisdiction Despite Foreign Elements

Philippine courts can hear cases with foreign elements; a choice-of-law clause does not automatically strip them of jurisdiction.

Corporate Rehabilitation, Foreclosure, and Judicial Independence: Key Lessons from Rombe Eximtrade

A Supreme Court ruling clarifies when courts may issue injunctions against foreclosure after a rehabilitation case is dismissed.

Duty to Inform Counsels Negligence and Finality of Judgments in Construction Disputes

Learn how a counsel's failure to report a change of address can bind clients and make a Court of Appeals decision final and executory.

Family Home vs Co-Ownership: Balancing Heirs' Rights in Property Partition

When heirs dispute partition, the family home enjoys special protection. Learn how Philippine law balances co-ownership rights with family home exemptions.

Lawyer's Disrespect Toward Court and Staff Draws Fines Despite Prior Disbarment

Supreme Court fines disbarred lawyer P155,000 for disrespecting court personnel and defying IBP directives, reaffirming lawyer discipline standards.

Behest Loans and Prescription: When Does the Clock Start Ticking

The Supreme Court clarifies when the prescriptive period for behest loan cases begins, ruling it starts upon discovery, not execution.

Substantial Compliance Prevails Upholding Justice Over Technicalities IN Appellate Procedure

SC rules substantial compliance with verification rules and corrects error on local business tax base—gross receipts, not gross revenue.

Gross Receipts vs. Gross Revenue: The Tax Base for Contractors in the Philippines

The Supreme Court clarifies that local business tax on contractors is based on gross receipts, not gross revenue.

Probate Jurisdiction and Due Process in Will Allowance: Nittscher v. Nogales

The Supreme Court clarifies probate jurisdiction, forum-shopping rules, and due process in allowing holographic wills and issuing letters testamentary.