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 49 articles for waiver

Private Roads and Public Use: When a Local Ordinance Cannot Convert Private Property

A local ordinance cannot convert a private road into public property without donation, purchase, or expropriation. The Supreme Court explains.

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.

Emancipation Patents Under Voluntary Land Transfer: The Marinas Ruling

The Supreme Court clarifies when emancipation patents are valid under PD 27's Voluntary Land Transfer scheme, including co-owner consent and payment timing.

MERALCO Rate Case: Supreme Court Upholds ERC’s Shift to Performance-Based Regulation

Supreme Court affirms ERC’s shift to PBR for setting MERALCO rates, barring collateral attacks on administrative regulations.

Partial Payment of Filing Fees in BP 22 Cases: The Supreme Court’s Ruling on Access to Justice

The Supreme Court allows complainants in multiple BP 22 cases to pay filing fees per case, ensuring access to justice.

Option Contract vs. Right of First Refusal: Key Differences Under Philippine Law

Learn the difference between an option contract and a right of first refusal in Philippine real estate, based on the Supreme Court's ruling in Tuazon v. Del Rosario-Suarez.

Debt Recovery Execution: Waiver of Demand and Proving Overlevy

Learn when a sheriff's failure to demand payment is excused and how to prove overlevy in execution sales under Rule 39.

Waiver of Contractual Conditions in the Philippines: Lessons from Gonzales v. Lim

Learn when a party waives a contractual condition under Philippine law, based on the Supreme Court's ruling in Gonzales v. Lim.

Future Inheritance Contracts Are Void: Arrogante v. Deliarte Explained

Philippine Supreme Court ruling on void contracts over future inheritance, and the exceptions that can save family property arrangements.

Proving Land Ownership in the Philippines: The June 12, 1945 Rule in Land Registration

Philippine land registration requires proof of possession since June 12, 1945. Learn the rules and the key case of Republic v. Carrasco.

B.P. 22 Conviction Requires Proper Presentation of Notice of Dishonor: The Tan Case

A B.P. 22 conviction requires the prosecution to properly present the notice of dishonor in court; failure to do so negates the presumption of knowledge of insufficient funds.

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.

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.

LGU Right to Immediate Possession in Expropriation: City of Iloilo v. Legaspi

When can an LGU take immediate possession of private property in expropriation? The Supreme Court explains the 15% deposit rule.

Independent Civil Actions Under the Civil Code: No Reservation Needed, Even With a Pending Criminal Case

The Supreme Court clarifies that civil claims based on the Civil Code may proceed independently of criminal cases, with no prior reservation required.

Lessor’s Liability for Defects and Repairs: Key Lessons from De Ysasi v. Arceo

Learn when Philippine lessors are liable for property defects and repairs, and why lessee inspection matters under De Ysasi v. Arceo.

Can Foreigners Own Land in the Philippines? Donation vs. Inheritance Rules

Philippine law bars foreigners from owning land except by inheritance. Learn why a quitclaim deed to an American son failed as a donation.

Torrens Title vs. Fraud: Protecting Land Ownership in the Philippines

Learn how the Torrens system protects land ownership in the Philippines and why proving fraud requires clear and convincing evidence, based on a landmark Supreme Court case.

Date Discrepancies in Rape Cases: Substance Over Technicality in Philippine Law

Philippine courts uphold rape convictions despite date discrepancies in the information, prioritizing substantive justice over technical defects.

Confessions to Media in Philippine Law: The Domantay Case on Custodial Investigation

When are confessions to media admissible in Philippine courts? The Domantay case explains the limits of custodial investigation rights.

Valid Confession in Philippine Law: When Your Words Can Be Used Against You

Learn when a confession is valid and admissible in Philippine courts, and how constitutional rights during custodial investigation protect accused persons.

Date Discrepancies in Rape Cases: When an Information Remains Valid in Philippine Law

Philippine courts allow minor date discrepancies in rape informations if the accused is not prejudiced. Learn the rule from People v. Bugayong.

Surety vs. Guaranty in Philippine Law: Key Differences and Liability

Learn the difference between surety and guaranty under Philippine law, and why contract wording—not titles—determines your liability.

In-Court Identification in Rape Cases: People v. Pacistol (G.R. 119074-75)

Philippine Supreme Court ruling on how a victim's credible in-court identification can secure a rape conviction despite flawed police line-up procedures.