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.
Perfected Sale vs Contract to Sell: Distinguishing Ownership Transfer in Philippine Law
Philippine Supreme Court clarifies the difference between a contract of sale and a contract to sell, and when ownership actually transfers to the buyer.
Banks' Duty to Depositors: No Unilateral Freezing Without Court Order
Supreme Court rules banks cannot unilaterally freeze depositor accounts based on mere suspicion, reaffirming fiduciary duty to treat accounts with meticulous care.
FAX Transmissions Are Not Electronic Evidence: MCC Industrial Sales v. Ssangyong
The Supreme Court clarifies that ordinary fax transmissions are not electronic evidence under R.A. 8792, but photocopies may still be admitted under the Rules of Court.
The Perils of Oversight: Delineating Negligence and Liability in Medical Practice
A missed surgery due to a time-zone error tests the line between ordinary and gross negligence in medical practice, shaping damage awards.
Negligence vs Gross Negligence in Medical Malpractice: The Ilao-Oreta Standard
The Supreme Court clarifies the distinction between ordinary negligence and gross negligence in medical malpractice, and when damages may be awarded.
Judicial Integrity: When a Judge Must Inhibit From a Case
A judge who hears a criminal case where his wife is the private complainant violates judicial conduct rules and must pay a fine.
Indefeasibility of Title: Why Land Ownership Can't Be Attacked Decades After Registration
A Torrens title becomes incontrovertible after one year. Learn why a collateral attack on a 1973 title failed in Ingusan v. Heirs of Reyes.
Upholding Labor Rights: The Limits of Loss of Trust in Employee Dismissal
Philippine Supreme Court ruling clarifies that loss of trust and confidence cannot justify employee dismissal without clear, proven basis.
Clerk of Court Liability for Lost Evidence: Custody Duties Explained
When a clerk of court loses evidence in his custody, the Supreme Court clarifies administrative liability for unauthorized transfers.
Fortuitous Events and Loan Obligations: DBP vs. Spouses Calina
A typhoon destroyed a financed fishing boat, but the borrowers still had to repay their loan. The Supreme Court explains why.
Hierarchy of Courts and Exhaustion of Remedies: The Indispensable Steps Before Seeking Certiorari
Learn why a motion for reconsideration and the hierarchy of courts rule are mandatory before filing a Rule 65 certiorari petition.
Dismissal of Appeal: The High Cost of Missed Deadlines in Philippine Courts
Audi AG's certiorari petition dismissed for skipping motion for reconsideration and ignoring hierarchy of courts. A lesson in procedural rules.
Abolition of Public Office: Balancing Government Reorganization and Security of Tenure
The Supreme Court explains when abolishing a government office is valid and how it differs from removal, protecting security of tenure.
Unlawful Detainer Cases: Jurisdiction, Demand Requirements, and the Perils of Procedural Lapses
Understand the Laraño v. Calendacion ruling on unlawful detainer jurisdiction, demand requirements, and why procedural compliance matters in ejectment cases.
Contract Rescission and RTC Jurisdiction: Lessons from Villena v. Payoyo
When rescinding a contract is the primary remedy, the case belongs in the Regional Trial Court—even if the monetary claim is small.
Notarial Wills and Territorial Limits on Notary Public Authority
A will acknowledged before a notary acting outside his commission is void. Learn the territorial limits rule from Guerrero v. Bihis.
Upholding Ethical Conduct Attorneys AND THE Prohibition Against Forum Shopping 2
The Supreme Court reminds lawyers that filing repeated suits for the same cause violates the Code of Professional Responsibility and constitutes forum shopping.
Filing Baseless Complaints: Upholding Ethical Standards and Preventing Abuse of Legal Processes
The Supreme Court clarifies that withdrawing an administrative complaint against judges cannot stop disciplinary proceedings, ensuring accountability.
Breach of Confidence When Employee Loyalty Fades Termination MAY BE Justified
When can an employer validly dismiss a confidential employee for breach of trust? The Supreme Court explains the rules in Divine Word College v. Aurelio.
Employee Dishonesty and Breach of Trust: When Is Dismissal Justified
Explore when Philippine courts uphold dismissal for employee dishonesty and breach of trust, and the due process requirements employers must satisfy.
Non-Compete Clauses in Philippine Employment: When Post-Employment Restrictions Are Valid
The Supreme Court explains when non-compete clauses in employment contracts are valid and enforceable under Philippine law.
Workplace Libel in the Philippines: When Accusations Against Superiors Lead to Dismissal
Philippine law on workplace libel: when accusations against superiors become criminal and grounds for dismissal. Learn the rules.
Construction Subcontractor Rights: Ensuring Timely Payment in the Philippines
Learn how Philippine courts protect subcontractors' right to timely payment, even when a general contractor claims financial difficulty.
Partial Signatures Full Liability Understanding Contracts To Sell CO Owned Property IN THE Philippines
Learn when a contract to sell co-owned property binds all owners, even with only some signatures, under Philippine law.