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.
Certiorari Deadlines and the 60-Day Rule: Lessons from Pahimutang v. Court of Appeals
Understand the 60-day certiorari filing rule, proper remedies under Rule 45 vs. Rule 65, and finality of judgments in Philippine courts.
Bouncing Checks Under B.P. 22: When a Check Used as Loan Security Still Leads to Criminal Liability
The Supreme Court clarifies that issuing a bouncing check is a crime under B.P. 22, even if the check was only security for a loan.
Pactum Commissorium: Why Automatic Property Grab in Loan Agreements Is Illegal in the Philippines
Philippine law bans pactum commissorium—automatic property forfeiture in loans. Learn the rule, the Marino v. Salcedo case, and your rights.
Malicious Prosecution: Protecting Reputation and Business Interests From Unfounded Legal Claims
Philippine Supreme Court clarifies when filing a baseless lawsuit becomes malicious prosecution, entitling victims to moral, exemplary, and compensatory damages.
Promissory Notes vs Loan Agreements: Legitimacy in Philippine Investment Transactions
Philippine Supreme Court clarifies when loan documents are legitimate investments, using a disbarment case to explain forgery, consent, and moral character.
Deed of Sale or Loan Understanding: Equitable Mortgage in Philippine Property Law
When is a deed of sale really an equitable mortgage? The Supreme Court clarifies the rules on when courts will presume a loan arrangement.
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.
Unpacking Treachery: How Philippine Courts Define Murder
A look at how Philippine courts define treachery in murder cases, and why eyewitness identification must overcome reasonable doubt.
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.
Unmasking Trust Receipts When a Loan Is Not What It Seems in Philippine Law
When is a trust receipt really just a loan? The Supreme Court clarifies in Colinares v. Court of Appeals.
Equity vs Right of Redemption: Key Lessons From Huerta Alba Resort on Philippine Foreclosure Law
Philippine Supreme Court clarifies the difference between equity of redemption and statutory right of redemption in foreclosure cases.
Equitable Mortgage vs Absolute Sale: Protecting Borrowers in Financial Distress
When is a deed of absolute sale really a mortgage? The Supreme Court explains how courts protect borrowers who sign sale documents under financial pressure.
Frustrated Murder vs Homicide: The Decisive Role of Premeditation in Philippine Law
When does a killing become murder? The Supreme Court explains why evident premeditation is essential and how its absence downgrades frustrated murder to homicide.
Prior Convictions and Probation Eligibility in the Philippines: The Pablo Doctrine
A prior conviction in a related case can bar probation under Philippine law. Learn the strict rule from Pablo v. Castillo.
Checks Issued as Guarantee Still Fall Under B.P. 22; Judge Suspended for Partiality
Supreme Court rules checks issued as guarantee are still covered by B.P. 22, and suspends a judge for partiality and gross ignorance of the law.
When a Civil Case Does Not Stop a Criminal Estafa Charge: Trust Receipts Explained
A civil suit to nullify trust receipts does not automatically suspend criminal estafa proceedings. The Supreme Court explains when a prejudicial question exists.
Bouncing Checks and Criminal Liability: Why Account Sufficiency Matters
Philippine Supreme Court explains when issuing a check against a closed account becomes a crime under BP 22, and why account sufficiency at issuance is key.
Malicious Prosecution in Philippine Law: Probable Cause and Malice Explained
Philippine Supreme Court clarifies when a failed criminal complaint becomes malicious prosecution, requiring proof of lack of probable cause and sinister motive.
Pacto de Retro Sales in the Philippines: When a Land Sale Is Not an Equitable Mortgage
Philippine Supreme Court ruling clarifies when a pacto de retro sale stands as a true sale, not an equitable mortgage.
Service of Summons on Corporations: Due Process and Jurisdictional Validity
When is service of summons on a corporation valid? The Supreme Court clarifies the rules on proper service, substantial compliance, and jurisdiction.
When a "Sale" Is Really an Equitable Mortgage: Lessons from Aguirre v. Tupas
Philippine Supreme Court ruling on when a deed of absolute sale is presumed an equitable mortgage under the Civil Code.
Prescription and Quashal in Anti-Graft Cases: Domingo v. Sandiganbayan
The Supreme Court clarifies prescription periods, motion to quash standards, and speedy trial rights in Anti-Graft cases under RA 3019.
When a Bouncing Check Isn't Estafa: Checks as Loan Security in the Philippines
Philippine Supreme Court ruling on when postdated checks given as loan security, not payment, cannot result in estafa conviction.
Privity of Contract in the Philippines: Why Third Parties Are Not Bound by Your Agreement
Learn how privity of contract protects banks and third parties from obligations they never agreed to, explained through the Villalon case.