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 481504 of 679 articles for counsel

Judicial Accountability in Unlawful Detainer Cases: The Montemayor Ruling

A Supreme Court ruling on a judge's delay in an ejectment case underscores the strict timelines and impartiality required of Philippine courts.

When Survey Plans Lack Approval Reversion OF Land Titles TO THE State

A land title issued without a survey plan approved by the Director of Lands is void, and the State may seek its reversion.

Rape Conviction on Circumstantial Evidence and the Protection of Child Victims in Philippine Courts

How Philippine courts handle rape convictions based on circumstantial evidence and safeguard child victims in the justice system.

In Pari Delicto: When Both Parties Are at Fault, Neither Can Sue in Construction Contracts

Philippine Supreme Court ruling on in pari delicto in construction contracts where both parties knowingly violated the law, barring recovery.

Battered Woman Syndrome as Defense and Mitigating Circumstance in Parricide

The Genosa ruling explains when battered woman syndrome can mitigate parricide, and why it is not a complete self-defense.

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.

Attorney Sanctioned for Neglecting Client’s Appeal: Lessons in Diligence

A lawyer who failed to file an appellant’s brief was suspended for six months. Learn the ethical rules that every Philippine attorney must follow.

Pre-Trial Stipulations Enforceability and Binding Effect on Parties

How stipulations made during pre-trial bind parties and the court, with rules on enforceability under Philippine procedure.

Annulment of NLRC Judgments: Why the Court of Appeals Lacks Jurisdiction

Explore why the Court of Appeals cannot annul NLRC decisions and the risks of forum shopping in labor cases.

Moral Turpitude and Professional Responsibility: When a Lawyer's Personal Conduct Affects Their Career

Philippine Supreme Court suspends lawyer for two years for immorality and for creating the appearance of influencing judges.

Defying Court Orders Corporate Officers Held Liable For Contempt AND Restitution

Corporate officers who defy court orders to return property can be held in contempt and ordered to pay restitution personally, even if a fire later destroys the property.

Judicial Discretion vs Delay: Balancing Justice and Efficiency in Philippine Courts

Philippine Supreme Court clarifies when court delays warrant administrative liability, distinguishing error from bad faith in judicial discretion.

When Constitutional Limits Bar Recovery of Illegally Acquired Property

Philippine Supreme Court explains why an alien who bought land through a Filipino cannot recover the property or his money.

Judicial Conduct: Errors of Judgment vs Misconduct in Philippine Courts

Philippine Supreme Court clarifies when a judge's error is mere error of judgment versus administrative misconduct requiring bad faith.

Sovereign Immunity Contracts With Foreign States AND Waiver OF Immunity

Explaining the Supreme Court's ruling in Republic of Indonesia v. Vinzon on foreign sovereign immunity, waiver clauses, and embassy maintenance contracts.

Landlord Rights Prevail Recovering Possession Despite Ownership Claims

Philippine Supreme Court ruling on when tenants cannot appeal denial of new trial and how counsel's errors bind clients.

Competency of Witnesses: Testimony of Persons with Mental Retardation in Rape Cases

The Supreme Court affirms that a person with mental retardation can be a competent witness in rape cases if able to perceive and relate facts.

Balancing Technical Rules and Substantial Justice in Labor Disputes

Philippine Supreme Court ruling on liberal construction of verification and non-forum shopping rules in labor cases.

Retroactivity of Remedial Laws: Clarifying the Period for Filing Certiorari Petitions

The Supreme Court clarifies when the 60-day period for filing certiorari petitions is counted, applying amended procedural rules retroactively.

Challenging Local Tax Ordinances: The 30-Day Appeal Rule Under Section 187

Taxpayers must appeal to the Secretary of Justice within 30 days of a local tax ordinance's effectivity or lose the right to challenge it in court.

Eyewitness Identification Under Scrutiny: Safeguarding Against Mistaken Identity in Criminal Cases

Philippine courts examine eyewitness identification procedures to prevent wrongful convictions from mistaken identity in criminal prosecutions.

Plunder and Conspiracy: Defining "Combination or Series" in Amassing Ill-Gotten Wealth

The Supreme Court clarifies what constitutes a "combination or series" of acts in plunder cases, and the scope of conspiracy among co-accused.

Contempt of Court for Re-Entering Property After Execution of Judgment

When a final judgment orders you to vacate property, re-entering it can lead to contempt of court. Learn from this Philippine case.

Maintaining Professionalism: Lawyers' Duty to Courteous Conduct

Philippine Supreme Court rules on lawyer discipline for uncivil conduct toward fellow attorneys, citing Canon 8 of the Code of Professional Responsibility.