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 68 articles for insurance

Non-Payment of Premium and Insurance Coverage Validity: The Gaisano Case

When is an insurance policy valid? The Supreme Court clarifies that non-payment of premium before loss means no coverage.

Cargo Loss Liability: When Bad Weather Is Not a "Peril of the Sea"

Philippine Supreme Court clarifies when bad weather excuses a common carrier from cargo loss, defining "storm" and "peril of the sea."

Defining Construction Cost Interest Expenses and Reserved Units in Joint Development Agreements

Philippine Supreme Court clarifies what counts as actual construction cost in joint development agreements, excluding interest expenses from the computation.

Supreme Court Voids 'Right to Top' Clause in Government Asset Sale: Osmeña v. PSALM

The Supreme Court invalidated a 'right to top' provision in a government land lease, reaffirming that competitive public bidding protects public interest.

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.

Continuing Suretyship in the Philippines: Liability for Future Debts Explained

Learn how the Supreme Court upheld a surety's liability for future debts under a Continuing Suretyship, and when courts may reduce attorney's fees.

Judicial Consignation: Paying a Loan When the Creditor’s Identity Is Unclear

When two entities claim the right to collect a debt, judicial consignation lets the debtor deposit payment in court and be released.

Burden of Proof in Cargo Shortage Claims: When Arrastre Operators Escape Liability

Explaining the Supreme Court ruling on cargo shortage claims, the burden of proof, and when arrastre operators may avoid liability.

Rehabilitation Denied When Financial Realities Override Corporate Rescue

The Supreme Court clarifies when corporate rehabilitation is not available—mere illiquidity qualifies, but irreversible insolvency with speculative plans does not.

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.

Hotel Liability for Lost Vehicles: Necessary Deposits Under Philippine Law

When a hotel valet loses a guest's vehicle, who pays? Philippine law on necessary deposits and the Durban Apartments ruling explain.

GSIS Pension Rights: Recovering Retirement Benefits After a Wrongful Denial

Learn how the Supreme Court protects government retirees' pension rights, even when GSIS initially approved benefits under the wrong law.

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.

Jurisdiction by Estoppel: When Active Court Participation Bars a Jurisdictional Challenge

Philippine Supreme Court explains when a party's active participation in a case can bar it from later questioning the court's jurisdiction.

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.

Crediting Government Service for Retirement: Defining the Scope of the Civil Service and Compensation

The Supreme Court clarifies which government services count for retirement benefits, distinguishing full-time civil service from part-time and non-chartered positions.

Arrastre Contractor Liability: When the P3,500-Per-Package Limit Does Not Apply

Philippine Supreme Court ruling on when arrastre contractors cannot invoke the P3,500 per-package liability limit under PPA Administrative Order No. 10-81.

Automatic Contract Cancellation in the Philippines: Grace Periods and Buyer Obligations

Missed payments on a Contract to Sell can trigger automatic cancellation. Learn the rules from Santiago v. Court of Appeals.

Ombudsman Jurisdiction Over GOCCs: The Original Charter Requirement

The Supreme Court limits Ombudsman jurisdiction over GOCCs to those with original charters, not corporations merely acquired by government.

Burden of Proof in Insurance Claims: Insurers Must Prove Policy Exclusions Apply

When an insurer denies a claim citing a policy exclusion, Philippine law requires the insurer to prove the exception applies—mere suspicion is not enough.

CBA Scholarship Benefits Resolving Ambiguities IN Favor OF Labor

Security agency loses bid to exempt receivables from garnishment; Court applies labor-friendly rule on execution exemptions.

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.

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.