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 529552 of 829 articles for band

Bigamy and Presumptive Death: When a Second Marriage Becomes a Crime

The Supreme Court explains why a judicial declaration of presumptive death is required before remarrying, and when bigamy applies.

Contract to Sell Cancellation: Maceda Law Rules and Novation Explained

Learn the Maceda Law rules on cancelling a contract to sell, when a new contract can replace the old one, and key takeaways from Fabrigas v. San Francisco Del Monte.

Domicile Dilemmas: Residency Requirements for Philippine Election Candidates

The Supreme Court explains what "residence" really means for election candidates—and why buying property alone won't establish domicile.

Illegal Dismissal and Labor-Only Contracting: When a Salesman's Driver Is the Company's Employee

Acevedo v. Advanstar explains labor-only contracting, employer-employee relationship, and due process in illegal dismissal cases.

Proving Loss of Trust and Confidence in Illegal Dismissal Cases in the Philippines

Philippine Supreme Court ruling on when loss of trust and confidence justifies employee dismissal, and what employers must prove.

Certiorari Filing Deadlines: Why the 60-Day Rule Is Strict in Philippine Courts

Philippine courts strictly enforce the 60-day certiorari filing period under Rule 65. Learn why late petitions fail and how to avoid common pitfalls.

Balancing Employee Rights and Employer Authority in Philippine Termination Procedures

The Supreme Court clarifies the two-notice rule in employee dismissal, balancing employer authority with due process rights.

Urban Land Reform: Right of First Refusal in Priority Development Areas

Philippine Supreme Court ruling on tenants' right of first refusal under P.D. 1517 in urban land reform zones.

Laches and Land Titles: When Delay Can Trump Ownership Rights in the Philippines

Philippine Supreme Court ruling on how procedural delay and res judicata can bar claims to land, even for alleged owners.

Res Judicata and Dismissal With Prejudice: When a Prior Case Bars a New Lawsuit

A voluntary dismissal with prejudice bars a later suit for the same property, even if the new case is styled differently.

The Ripple Effect: How Prior Court Rulings Bind Future Cases Involving Similar Facts

A Supreme Court ruling on the Pepsi promotion. Although the petitioners were not parties to earlier lawsuits over the same contest, the Court held that their claims were barred by the doctrine of *sta

Abandonment and Res Judicata in Agrarian Disputes: Tenant Rights and Land Ownership

A Supreme Court ruling clarifies abandonment, res judicata, and procedural rules in agrarian disputes between tenants and landowners.

When a Spouse's Sale of Conjugal Property Without Consent Is Valid

The Supreme Court explains when a sale of conjugal property by one spouse without the other's consent stands, and when heirs can still demand partition.

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.

The Notary's Oath: Ensuring Document Authenticity and Preventing Legal Falsehoods

Why notarization demands personal appearance: lessons from a lawyer's suspension for notarizing a deed without the seller's presence.

Rescission of Contract: Balancing Forfeiture Clauses With the Duty to Reimburse

Philippine Supreme Court ruling on how rescission under Article 1191 requires mutual restitution, even when forfeiture clauses exist.

Dishonesty and Absenteeism in the Judiciary: Upholding Public Trust Through Accountability

Court personnel who collect funds without authority and abandon their posts betray public trust. The Supreme Court rules on the consequences.

When a Judge's Private Letter Undermines Judicial Impartiality

Supreme Court reprimands a judge for writing university officials about his wife's cases, violating judicial conduct rules on impartiality.

Filial Privilege When CAN A Child Testify Against A Parent IN Philippine Courts

Philippine law on when a child may testify against a parent in court, explained in plain language for lay readers.

Conspiracy and Overt Acts in Bouncing Check Cases: Ladonga v. People

When can a non-signatory spouse be liable for bouncing checks? The Supreme Court clarifies conspiracy rules under B.P. 22.

Accountability in Public Office: Good Faith Is Not a Free Pass in Malversation Cases

A look at Melchor v. Gironella on administrative liability, good faith, and the burden of proof in public office.

Upholding Ethical Conduct: An Attorney's Duty to Fulfill Financial Obligations and Maintain Honesty

A lawyer who acquires client property entrusted to him commits gross misconduct warranting disbarment under the Code of Professional Responsibility.

Lawyer Disbarred for Taking Client's Properties in Breach of Trust

A lawyer who acquired his client's properties for himself instead of selling them to pay creditors was disbarred for gross misconduct.

Upholding Ethical Standards: Adultery as Grounds for Attorney Disbarment in the Philippines

The Supreme Court suspended a lawyer for cohabiting with a woman not his wife, reaffirming that good moral character is a continuing requirement for membership in the Philippine Bar.