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 457480 of 679 articles for counsel

Balancing Justice AND Procedure When Courts CAN Relax Rules FOR Fairness

Philippine Supreme Court explains when procedural rules may be relaxed to serve substantial justice, using a forum-shopping case as example.

Attorney Accountability Understanding Lawyer Neglect of Duty in the Philippines

A Philippine Supreme Court ruling on lawyer neglect of duty, abandonment of clients, and the ethical obligations of attorneys.

Judicial Overreach: Contempt Powers, Due Process, and the Limits of a Judge's Discretion

A judge's contempt power has limits. Learn how the Supreme Court disciplined a judge for denying a lawyer's right to post bond.

Authority Matters: Why Verbal Assurances From Bank Clerks Can't Seal Property Deals in the Philippines

Philippine Supreme Court ruling on why verbal assurances from bank clerks cannot validate property transactions, and the importance of proper authority.

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.

When Lawyers Cross the Line: Conflicting Interests and Client Confidentiality in Philippine Legal Ethics

The Supreme Court's ruling in Pormento vs. Pontevedra clarifies when a lawyer's representation of new clients against former clients constitutes prohibited conflicting interests.

Lawyers Must Uphold Diligence and Fidelity in Legal Representation

A lawyer who fails to file an appellate brief faces suspension. The Supreme Court affirms that neglect of a client's case violates the Code of Professional Responsibility.

Extortion in the Judiciary: Dismissal for Grave Misconduct and Betrayal of Public Trust

Court personnel who collect money from litigants face dismissal for grave misconduct, even if they claim it was for safekeeping.

Self-Defense in Homicide Cases: Proving Justification in the Philippines

When claiming self-defense in Philippine homicide cases, the accused bears the burden of proving all elements by clear and convincing evidence. Learn the rules.

Good Faith Prevails When Government Entities Cant Recover Improperly Paid Benefits

Explore when good faith protects government employees from repaying benefits erroneously paid, based on Philippine Supreme Court rulings.

Forum Shopping and Appeal Jurisdiction: Traverse Development Corp. v. DBP

When a dismissal order raises only legal questions, appeal lies with the Supreme Court, not the Court of Appeals.

Upholding Attorney Accountability: Neglect of Client Affairs Leads to Suspension

A lawyer's failure to diligently pursue a client's case warrants suspension from practice, as shown in this Philippine disciplinary case.

Res Judicata and Forum Shopping in Partition Cases: When a Separate Nullity Suit Is Barred

A Supreme Court ruling explains why a separate action to nullify a deed of sale is barred by forum shopping when the same issue can be resolved in a pending partition case.

When a Barangay Captain Cannot Be Independent Counsel: Extrajudicial Confessions and the Constitution

A barangay captain who is a lawyer cannot act as independent counsel for a suspect. The Supreme Court explains why the confession was inadmissible.

Second Chances Denied: The High Cost of Procedural Missteps in Philippine Litigation

A Supreme Court ruling shows why "honest mistake" rarely justifies a new trial—and why procedural deadlines and rules are strictly enforced.

Age and Relationship as Essential Proofs for Qualified Rape Conviction in the Philippines

The Supreme Court explains why minority and relationship must be both alleged and proven before the death penalty for qualified rape can be imposed.

Paying Appellate Docket Fees on Time Is Mandatory for a Valid Appeal

Philippine Supreme Court ruling on why paying appellate docket fees on time is mandatory, and what happens when an appeal is filed without them.

Lawyers Cannot Claim Ignorance of Basic Procedures to Abandon Client Obligations

Philippine Supreme Court rules a lawyer's claim of ignorance in filing a motion for reconsideration is no excuse for neglecting a client's case.

Eyewitness Testimony vs Medico-Legal Findings: Resolving Doubt in Homicide Cases

The Supreme Court acquits a homicide accused where uncross-examined eyewitness testimony conflicted with medico-legal findings and failed the test of moral certainty.

DNA Evidence and Conviction: The Yatar Case and the Standard for Admissibility

Explaining how the Supreme Court in People v. Yatar set the standard for admitting DNA evidence in Philippine criminal cases.

Retroactivity of Procedural Rules When Amended Laws Affect Pending Cases

When procedural rules change mid-case, retroactivity applies. Learn how the Supreme Court resolved this in Siena Realty.

B.P. 22 Conviction Requires Proof of Written Notice of Dishonor: The Sia Case

Conviction under the Bouncing Checks Law requires proof the accused received written notice of dishonor. The Sia case explains why.

Flight From Justice: How Fugitive Status Can Bar Appeal Rights in the Philippines

Philippine Supreme Court ruling explains how a fugitive's escape from custody can lead to dismissal of their appeal and loss of legal remedies.

Forged Documents and Ethical Boundaries: Attorney Accountability in Court Submissions

Supreme Court ruling on bank liability, damages, and the ethical duty of lawyers to verify documents before court submission.