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 50 articles for substitution

Substitution of Parties: Due Process Prevails Despite Procedural Lapses in Estate Cases

Philippine Supreme Court rules that failure to formally substitute deceased parties is not fatal when heirs actively participate in the case.

Corporate Asset Transfers: When Does a Buyer Inherit the Seller's Liabilities

Philippine Supreme Court clarifies when a corporation buying all assets of another also inherits its liabilities, under Section 40.

Surety Bonds and Indemnity: Why Renewal Disputes Don't Erase Contractual Liability

Philippine Supreme Court rules that a deed of indemnity authorizing bond renewals binds signatories even without separate consent to each renewal.

Counsel Substitution and Appeal Perfection: Procedural Pitfalls in Labor Disputes

A Supreme Court ruling on how improper counsel substitution and missing non-forum shopping certifications can doom labor appeals.

Novation, Verification, and Real Party in Interest: Lessons from S.C. Megaworld v. Parada

Explaining when accepting third-party payments does not release the original debtor, and why procedural objections must be raised early.

Ballots vs Election Returns: Authenticity Prevails in Electoral Protests

When physical ballots are tampered, election returns become the best evidence of voter intent. Learn the rule from the Vinzons-Chato case.

Perpetual Disqualification: How a Criminal Conviction Affects Candidacy in the Philippines

A criminal conviction can permanently bar a person from running for public office in the Philippines. Learn the rules on disqualification, substitution, and what voters should know.

Novation Nullified: Why Payment Agreements Don't Automatically Erase Original Loan Obligations

Philippine Supreme Court clarifies when a new payment agreement novates an old loan—and when it doesn't, in Heirs of Franco v. Gonzales.

When Cross Collateral Clauses Clash With Verbal Agreements: Understanding Mortgage Obligations

The Supreme Court clarifies that bank branch managers cannot verbally alter mortgage contracts containing cross-collateral or dragnet clauses.

Upholding Legislative Intent: The Limits of COMELEC's Rule-Making Power in Party-List Nominations

A look at Lokin v. COMELEC, where the Supreme Court struck down a COMELEC rule expanding the grounds for substituting party-list nominees beyond RA 7941.

Novation Must Be Clear: Restructuring Agreements Do Not Automatically Extinguish Prior Obligations

Philippine Supreme Court ruling on when debt restructuring novates an obligation and when it merely modifies the original agreement.

Search Warrants for LPG Cylinder Misuse: Probable Cause Standards Under R.A. 623

Supreme Court ruling clarifies probable cause for search warrants involving unauthorized LPG cylinder use under R.A. 623, as amended.

Ballot Box Integrity is Key: Safeguarding Election Results in the Philippines

Philippine Supreme Court ruling on Rosal v. Comelec: ballots must be proven untampered before they can overturn election returns.

Tax Exemptions for Philippine Airlines: Understanding the "In Lieu of All Other Taxes" Provision

The Supreme Court ruled that PAL's franchise tax option exempts it from all other taxes, including the 20% final withholding tax on bank deposits.

Contract to Sell Cancellation: Maceda Law Rules and Novation Explained

Learn the Maceda Law rules on cancelling a contract to sell, when a new contract can replace the old one, and key takeaways from Fabrigas v. San Francisco Del Monte.

When Counsel's Negligence Binds the Client: Due Diligence in Appeals

The Supreme Court clarifies when a lawyer's failure to act diligently on an appeal binds the client, and what counts as notice of a decision.

Failure of Election Petitions: COMELEC Discretion and the Evidentiary Bar

The Supreme Court clarifies when failure of election may be declared, and why mere allegations without evidence will not suffice.

Failure of Election Grounds and Remedies in Philippine Law

The Supreme Court clarifies the limited grounds for declaring a failure of election and why election protests, not annulment, address fraud claims.

Safeguarding the Ballot: Unauthorized Polling Place Transfers and Election Integrity in the Philippines

When can moving a polling place invalidate an election? The Supreme Court explains the rules on unauthorized transfers and election integrity.

Loan Restructuring and Surety Release: Key Protections for Guarantors in Philippine Law

Philippine Supreme Court ruling on when loan restructuring releases a surety from liability, and what guarantors must know about their rights.

Recall Resolutions and Timing: Why Official Capacity Matters Under Philippine Election Law

Learn from Afiado v. COMELEC why recall resolutions must target the right office at the right time under the Local Government Code.

Reconstitution of Burned Court Records: When Late Filing Is Not Fatal

Supreme Court clarifies that failure to file for reconstitution of burned court records within six months does not automatically bar the remedy.

Attorney Negligence in the Philippines: A Lawyer's Duty of Diligence and the Consequences of Abandoning a Clie

When can a lawyer abandon a client? The Supreme Court explains the duty of diligence and the penalty for neglect in Aromin v. Boncavil.

Decoding Holographic Wills in the Philippines: Witness Requirements and Probate Challenges

Understand the mandatory three-witness rule for contested holographic wills in the Philippines and what Codoy v. Calugay means for probate.