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 2544 of 44 articles for duty of care

The Expert Witness Imperative: Proving Medical Negligence in the Philippines

Philippine courts require expert medical testimony to prove negligence in most malpractice cases. Learn the rules and practical steps.

Carrier Liability for Cargo Damage During Unloading: The Wallem Doctrine

When is a shipping carrier liable for cargo damaged during unloading? The Supreme Court clarifies the rule on carrier responsibility and arrastre operator liability.

Beyond the Title: Why Philippine Banks Must Investigate Loan Collateral Ownership

Philippine Supreme Court ruling on Omengan v. PNB clarifies banks' duty to investigate collateral ownership beyond the certificate of title.

Strict Deadlines Matter Navigating SEC Appeals AND Corporate Liability FOR Unlicensed Brokers IN THE Philippin

When is a bank liable for breach of contract in a credit line dispute? The Supreme Court clarifies the rules on conditional loan approvals and the duty of banks to exercise prudence in dealing with re

Telegram Delay Philippine Supreme Court Clarifies Liability FOR Communication Service Failures

Philippine Supreme Court rules on telecom liability for delayed telegram delivery, clarifying breach of contract, quasi-delict, and moral damages.

Banks' Duty of Care: Liability for Unauthorized Withdrawals and Moral Damages

Philippine Supreme Court ruling on bank liability for unauthorized withdrawals, gross negligence, and awards of moral and exemplary damages.

Contract to Sell vs. Sale: What Buyers Must Know Under Philippine Law

A buyer who stops paying installments in a contract to sell may lose ownership rights. Learn the key differences and protections.

Bank Negligence and the Duty of Care in Handling Depositor Accounts

Philippine Supreme Court ruling on banks' fiduciary duty and liability for unauthorized withdrawals from depositor accounts.

Sheriffs' Duty of Care in Enforcing Court Orders and the Limits of Ministerial Duty

When can a sheriff be held liable for enforcing a writ? This case clarifies the limits of a sheriff's ministerial duty.

Electricity Meter Malfunctions: Who Bears the Cost of Unregistered Consumption

Philippine Supreme Court ruling on who pays for unregistered electricity when a defective meter causes under-billing.

Hotel Waivers for Lost Guest Items Are Void: The McLoughlin Rule

Philippine law voids hotel waivers for lost guest belongings. Learn the McLoughlin case and what hotels must do.

Reckless Imprudence in Philippine Traffic Accidents: What Veneracion v. People Teaches Drivers

Philippine Supreme Court ruling clarifies reckless imprudence liability in traffic accidents, emphasizing driver precautions and evidentiary standards.

Mortgage Foreclosure Estoppel Prevents Claimants From Denying Prior Actions

Philippine Supreme Court ruling on how estoppel bars property claimants from questioning a mortgage foreclosure after prior inconsistent acts.

Unregistered Land Sale Prevails Over Registered Mortgage Protecting Prior Ownership Rights

When an unregistered sale precedes a mortgage, the buyer's prior ownership rights can defeat the mortgagee's registered claims.

Public Trust Betrayed: Rape on a Bus and the Duty of Care in Philippine Public Transportation

The Supreme Court affirms a bus driver's rape conviction, highlighting the vulnerability of passengers and the high duty of care owed by public transport operators.

Electrocution and Liability: Negligence and Damages in Philippine Law

A Supreme Court ruling on electric cooperative liability for electrocution, negligence, and damages under Philippine law.

Store Owner Liability for Customer Safety: Lessons from the Jarco Marketing Case

When a defective store fixture injures a customer, who pays? The Jarco case clarifies premises liability and negligence rules in the Philippines.

Gross Negligence of Public Officials: Understanding Liability in Philippine Law

When are public officials liable for gross negligence? This article explains the legal standard and how Philippine courts apply it.

Medical Malpractice Proving Negligence and the Doctrine of Res Ipsa Loquitur in the Philippines

Learn how Philippine courts apply res ipsa loquitur in medical malpractice cases and what patients must prove to establish negligence.

Liability for Damage to Stored Goods: Negligence and Interest Rates Explained

A warehouse operator's negligence can mean paying for damaged goods. Learn the rules on liability and the correct interest rates.