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.
Freight Forwarder Liability and the $500 Package Limitation Rule in Shipping Disputes
Philippine Supreme Court ruling on when a freight forwarder becomes a common carrier and the COGSA package limitation rule.
Maritime Claims: Strict Interpretation of COGSA Prescriptive Period
Philippine Supreme Court clarifies the one-year COGSA prescriptive period for maritime cargo claims, emphasizing strict timing rules.
Moral Damages in Maritime Disasters: Who Can Claim After a Breach of Contract
Supreme Court rules only spouse, descendants, ascendants, and illegitimate children may claim moral damages for a passenger's death in a maritime disaster.
Warsaw Convention Limits Philippine Courts' Jurisdiction Over International Air Travel Claims
Philippine courts lack jurisdiction over claims arising from international flights under the Warsaw Convention, as shown in Lhuillier v. British Airways.
Off-Line International Carriers Taxed at 32% on Philippine Income, SC Rules
SC clarifies off-line carriers selling tickets in PH pay 32% income tax, not 2.5% GPB rate; refund claim remanded.
When Is a Consignee Liable for Freight? The MOF v. Shin Yang Rule
A consignee named in a bill of lading is not automatically liable for freight charges. The Supreme Court explains when liability attaches.
Air Carrier Breach of Contract: Damages and Interest in Air Travel Disputes
Philippine Supreme Court clarifies when legal interest runs on damages awarded in air carrier breach of contract cases.
Marine Risk Note Alone Cannot Prove Subrogation: Eastern Shipping Lines v. Prudential Guarantee
Insurers must present the marine insurance policy to prove subrogation claims; a marine risk note alone is insufficient under Philippine law.
The 24-Hour Rule in Cargo Claims: Carrier Liability Under Philippine Shipping Law
Philippine Supreme Court clarifies the 24-hour claim rule under the Code of Commerce for damaged cargo and its effect on carrier liability.
Must-Carry Rule vs. Broadcasting Rights: The DTH Satellite Retransmission Case
The Supreme Court ruled that DTH satellite providers may carry free-to-air signals under the must-carry rule without violating broadcasting rights.
Shared Maritime Tragedy Determining Liability In Collision At Sea
The MV Doña Paz and MT Vector collision case clarifies liability rules for common carriers and vessel owners in Philippine maritime law.
Hierarchy of Courts and Exhaustion of Remedies: The Indispensable Steps Before Seeking Certiorari
Learn why a motion for reconsideration and the hierarchy of courts rule are mandatory before filing a Rule 65 certiorari petition.
Reopening Criminal Cases in the Philippines: The Hearing Requirement Under Rule 119
When can a Philippine court reopen a criminal case before judgment? The rules require a hearing—and the Supreme Court has enforced that requirement.
Protecting Government Assets Understanding Exemptions From Execution IN THE Philippines
The Supreme Court clarifies when government funds and properties are exempt from execution, and when judges and sheriffs can be held liable.
Common Carrier Liability in the Philippines: Breach of Contract of Carriage Explained
Philippine common carriers face a presumption of negligence when passengers are injured or killed. Learn the rules and how to rebut them.
Right to Present Evidence Ensures Fair Trial Despite Counsel's Absence
Supreme Court rules that a client's right to present evidence cannot be sacrificed due to counsel's absence, ensuring fair trial.
Gross Negligence of Counsel Can Justify New Trial in Criminal Cases
When a lawyer's gross negligence deprives an accused of due process, courts may reopen the case for a fair trial.
The Fresh Period Rule: Resetting Appeal Deadlines After a Motion for Reconsideration
Learn how the Fresh Period Rule gives litigants a new 15-day window to appeal after a motion for reconsideration is denied.
Demurrage in Philippine Shipping: Consignee Duties and Avoiding Penalties
Philippine law holds consignees liable for demurrage when cargo is not claimed promptly. Learn the rules and practical steps to avoid penalties.
Supreme Court Fines Judge for Undue Delay in Rendering Decision
The Supreme Court fined a Tacloban judge P20,000 for gross inefficiency after a six-month delay in deciding an unlawful detainer appeal.
Common Carrier Liability: Negligence and Fortuitous Events in Cargo Loss
When cargo is lost at sea, who pays? Philippine law on common carriers, negligence, and the act of God defense explained.
Upholding Procedural Rules: How Counsel's Negligence Binds Clients in Labor Appeals
Philippine Supreme Court clarifies that a lawyer's failure to file a timely appeal binds the client, even in labor cases.
Enforcing Time Limits: Carrier Liability Hinges on Timely Notice of Cargo Damage
Timely written notice of cargo damage is a condition precedent to suing a carrier. The Supreme Court explains why in Federal Express v. American Home Assurance.
Guilty Plea Grave Error Safeguarding Justice In Qualified Rape Cases
The Supreme Court ruled that a guilty plea in qualified rape cases must be meticulously examined to prevent grave miscarriages of justice.