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 2548 of 96 articles for civil procedure

Revival of Judgment: Why It Must Be Filed with the RTC, Not the Court of Appeals

The Supreme Court clarifies that actions to revive a judgment must be filed with the Regional Trial Court, not the Court of Appeals.

Forum Shopping in the Philippines: What the Zamora Case Teaches Litigants

Learn how the Supreme Court defines and penalizes forum shopping, and what the Zamora ruling means for litigants filing multiple cases.

Valid Service of Summons in Foreign Judgment Recognition: Key Lessons from Express Padala v. Ocampo

Philippine Supreme Court ruling on invalid substituted service of summons in foreign judgment recognition, and its due process implications.

Third-Party Claims in Property Execution: PSALM v. Maunlad Homes Explained

Learn how Philippine law protects third-party property owners from wrongful levy during judgment execution, based on PSALM v. Maunlad Homes.

Compulsory vs. Permissive Counterclaims: What Philippine Litigants Must Know

Learn the difference between compulsory and permissive counterclaims in Philippine courts, including docket fees, forum shopping, and the Alba v. Malapajo ruling.

Quieting of Title vs. Annulment of Title: Key Supreme Court Ruling on Land Disputes

The Supreme Court clarifies when a quieting of title action is actually an annulment of title, and why the substance of a complaint matters.

Perfecting Appeals in Special Proceedings: Why the Record on Appeal Matters

In special proceedings like estate settlement, failing to file a record on appeal is fatal. Learn the rules and avoid losing your appeal.

Can Acquisitive Prescription Defeat a Torrens Title? The Dy v. Yu Ruling

The Supreme Court explains when long-term adverse possession can defeat a Torrens title, despite the system's guarantee of indefeasibility.

Barangay Settlement Enforcement: MCTC Jurisdiction and the 10-Day Rule

Learn how the Supreme Court clarified enforcement of barangay amicable settlements, including MCTC jurisdiction and the binding 10-day repudiation period.

Ejectment Cases: Proving Tolerance and Co-Ownership Rights in Unlawful Detainer

Understand when unlawful detainer fails: proving tolerance, co-ownership rights, and the Quijano v. Amante ruling on possession.

Treble Costs Under Rule 65: When Courts May Penalize Frivolous Petitions

The Supreme Court clarifies that treble costs under Rule 65 are discretionary, requiring clear justification, not automatic penalties.

Pre-Trial Representation: When a Special Power of Attorney Is Required

Learn why the Supreme Court requires a Special Power of Attorney for pre-trial representation, and how lacking one can lead to default.

Certiorari as a Remedy: Challenging Small Claims Court Decisions in the Philippines

Can a final small claims decision be challenged? The Supreme Court clarifies when certiorari under Rule 65 is the proper remedy.

Extrinsic Fraud and Annulment of Judgment: What Litigants Must Know

The Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud, and explains the strict requirements for annulling a final judgment under Rule 47.

Filing Deadlines on Weekends and Holidays: The Rule on Extended Periods in Philippine Courts

When an extended filing deadline falls on a weekend or holiday, Philippine courts allow filing on the next working day—here's the rule.

Motion for Reconsideration Before Certiorari: The Novateknika Rule

Philippine courts require a motion for reconsideration before filing certiorari. Learn the rule, its exceptions, and why it matters.

Venue in Civil Cases: Real Party in Interest's Residence Governs, Even for Plaintiffs Abroad

Philippine venue rules: when a plaintiff resides abroad, the case must be filed where the defendant resides—not where the attorney-in-fact lives.

Clarification vs. Amendment: When a Final Judgment Can Still Be Explained

Philippine courts can clarify final judgments but not amend them. Learn the distinction from Spouses Mahusay vs. B.E. San Diego, Inc.

Levy on Mortgaged Property in the Philippines: Sheriff's Duties Explained

Philippine Supreme Court clarifies that sheriffs may levy mortgaged properties to satisfy judgments, as debtors retain beneficial ownership until foreclosure.

Eviction from Military Reservations: Government Authority and Squatters' Rights in the Philippines

Philippine Army v. Pamittan clarifies when the government may evict occupants of military reservations without a court order and the limits of squatters' rights.

Final Judgments in Philippine Courts: Supervening Events and the Doctrine of Immutability

Learn how the Supreme Court defines supervening events and why final judgments in the Philippines are generally immutable and unalterable.

Docket Fees and Jurisdiction: The David Lu Case on Actions Incapable of Pecuniary Estimation

Learn how the Supreme Court's David Lu ruling clarifies docket fees and jurisdiction for actions incapable of pecuniary estimation in Philippine courts.

Direct Contempt of Court: Limits, Penalties, and Remedies Under Philippine Law

Learn the limits of direct contempt in Philippine courts, including penalties, due process rights, and remedies like certiorari.

Missed Filing Deadlines in Philippine Courts: Lessons from Barangay Dasmariñas vs. Creative Play Corner School

Learn how strict Philippine court filing deadlines are, and why a missed extension cost Barangay Dasmariñas its case before the Court of Appeals.