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 2539 of 39 articles for prescriptive period

Verbal Dismissal in the Philippines: Why Oral Termination Is Illegal Without Due Process

Verbal dismissal alone cannot lawfully end employment in the Philippines. Learn the due process rules from Uy v. Centro Ceramica.

Death of the Accused Pending Appeal: What Happens to Criminal and Civil Liability

When an accused dies pending appeal, criminal liability and civil liability ex delicto are extinguished. Learn the rules from People v. Ayochok.

Quasi-Delict Damages and Court Jurisdiction: Filing in the Right Philippine Court

Learn how Philippine courts determine jurisdiction in quasi-delict damage claims, based on the Supreme Court ruling in Iniego v. Purganan.

Conditional Donations in the Philippines: When Can a Donor Revoke a Gift?

Philippine law treats onerous donations as contracts. Learn when a donor can revoke a gift if conditions are unmet, and the prescriptive period that applies.

When Does the Clock Start? Prescription Periods for Hidden Contract Breaches in the Philippines

Philippine Supreme Court ruling clarifies when the prescriptive period begins for hidden breaches of contract, protecting buyers who rely on seller representations.

Breach of Barangay Settlement: Your Right to Rescind and Sue in Court

When a barangay settlement is breached, Philippine law gives the aggrieved party the right to rescind it and pursue their original claim in court.

Rescinding a Land Sale in the Philippines: Why a Letter Is Not Enough

Philippine law requires a judicial or notarial act to rescind a sale of immovable property—even with an automatic rescission clause.

Forcible Entry in the Philippines: Proving Prior Possession and Unlawful Deprivation

Understand the requirements for forcible entry cases in the Philippines, including prior possession and unlawful deprivation, based on the Ong v. Parel ruling.

Revoking a Donation for Ingratitude in the Philippines: The Noceda Case

Philippine law allows donors to revoke gifts when donees show ingratitude, such as usurping the donor's property. Learn the rules and limits.

Statute of Limitations in Philippine Contract Law: The 10-Year Rule for Written Contracts

Learn the 10-year prescriptive period for written contracts in the Philippines, when it starts, and how the Supreme Court applied it in a stock pledge dispute.

Canceling a Fictitious Birth Certificate: The Babiera v. Catotal Ruling

When can a birth certificate be canceled as fictitious? The Supreme Court explains in Babiera v. Catotal.

Lascivious Conduct Under RA 7610: What People v. Larin Teaches About Child Protection

Understand lascivious conduct under RA 7610 through People v. Larin, and how Philippine law protects children from sexual abuse.

Shipping Delays: When the 1-Year COGSA Limit Does Not Apply in the Philippines

Philippine law distinguishes physical cargo damage from pure economic loss due to delay. Learn when the 10-year Civil Code prescriptive period applies instead of COGSA's 1-year rule.

Docket Fees and Jurisdiction: Re-Filing a Case After Dismissal for Improper Venue

When a case is dismissed for improper venue, must new docket fees be paid upon re-filing? The Supreme Court clarifies the rule.

Implied Trusts and Prescription: What the Esconde Case Means for Property Owners

Learn how implied trusts work in the Philippines and why delay can bar your property claim, based on the Supreme Court's Esconde ruling.