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 54975520 of 8,575 articles

Equitable Mortgage vs Absolute Sale: What Philippine Courts Look For

When is a deed of sale really a mortgage? The Supreme Court explains the rules on equitable mortgage in Cirelos v. Hernandez.

Employee Termination: Just Cause and Due Process Under Philippine Law

The Supreme Court clarifies the standards for valid employee termination in the Philippines, focusing on just cause and due process requirements.

Deficiency Judgments in Philippine Foreclosure: Can Banks Recover More After Auction?

Philippine Supreme Court clarifies when banks can collect deficiency after extrajudicial foreclosure of real estate mortgages.

Stare Decisis in Philippine Courts: How Prior Rulings Bind Future Cases

The Supreme Court applies stare decisis to bar relitigation of the Pepsi The decision demonstrates how prior rulings on the same controversy can bar subsequent claims and promote consistency in the ad

Unsigned Stipulations in Mortgages: Philippine Supreme Court Upholds Consent as Key

Philippine Supreme Court rules a mortgage stipulation inserted after signing without the mortgagor's consent is void ab initio.

Demand NOT Always Needed When Philippine Banks CAN Foreclose Without Prior Notice

Philippine Supreme Court clarifies when banks may foreclose without prior demand, and limits on preliminary injunctions against foreclosure.

Protecting Your Inheritance: Why Heirs' Consent Matters in Estate Partition

Learn how the Supreme Court protects heirs' inheritance rights in estate partition, and why an administrator's failure to follow the decedent's will amounts to extrinsic fraud.

Accion Publiciana: When Can You File to Recover Property Possession in the Philippines

Learn when to file accion publiciana instead of unlawful detainer to recover property possession in the Philippines, based on a Supreme Court ruling.

Proving Land Ownership in the Philippines: Tax Declarations and Cadastral Surveys in Quieting Title Cases

Learn how tax declarations, cadastral surveys, and possession determine ownership in Philippine land disputes, based on a Supreme Court ruling.

Unconscionable Interest Rates When Courts Intervene in Surety Bond Disputes

Philippine courts can reduce stipulated interest rates that balloon beyond the principal debt. Learn the rule from a 2006 surety bond case.

Interest on Maritime Liens in the Philippines: When Does the Clock Start Ticking?

Philippine Supreme Court clarifies when legal interest on a maritime lien begins to accrue—from extrajudicial demand, not from foreclosure sale.

Judge Dismissed for Gross Immorality: Extramarital Affair and Child Bar Judicial Office

Supreme Court dismisses a judge for gross immorality over an extramarital affair and child, and suspends him from law practice for three years.

Regular Employment Status: When a Probationary Employee Becomes Regular

Understand when a probationary employee becomes regular under Philippine law, based on the Supreme Court's ruling in Dusit Hotel Nikko v. Gatbonton.

Protecting Landowner Rights Due Process and Just Compensation in Agrarian Reform

Learn how the Supreme Court balanced landowner due process rights with farmer-beneficiary qualifications in agrarian reform cases under RA 6657.

Exhausting Administrative Remedies with the COA: A Prerequisite for Money Claims Against Government Agencies

Philippine Supreme Court ruling clarifies that money claims against government agencies must first be filed with the COA before going to court.

When Void Contracts Cannot Support Ejectment: Republic v. La'o

Philippine Supreme Court ruling on void contracts under RA 3019 and their effect on ejectment cases and property rights.

Unlawful Detainer vs Forcible Entry: Key Differences in Philippine Ejectment Cases

Learn the key differences between unlawful detainer and forcible entry in Philippine ejectment cases, and why the right cause of action matters.

Counterclaims and Forum Shopping: Why No Certification Is Needed for Defenses

Learn when a forum shopping certification is required in Philippine civil cases—and why counterclaims and defenses are exempt under the rules.

Attorney Negligence: Failing to File a Pre-Trial Brief in the Philippines

When a lawyer's failure to file a pre-trial brief leads to case dismissal, the Supreme Court may impose disciplinary sanctions. Learn the rules.

Injunctions and Property Disputes: Understanding Court Jurisdiction in the Philippines

Learn how Philippine courts handle property disputes, injunctions, and jurisdiction—key lessons from Republic v. La'o.

Void Contracts and Ejectment: Property Rights in the Philippines

When a contract is void from the start, it cannot support an ejectment suit. Learn the legal rules from a Philippine Supreme Court case.

Conjugal vs Paraphernal Property: Protecting Marital Assets in the Philippines

Learn how Philippine courts distinguish conjugal from paraphernal property and why spouses cannot use conjugal assets to pay personal debts.

DARAB Jurisdiction Covers Agrarian Disputes Beyond Landlord-Tenant Relationships

Supreme Court clarifies DARAB jurisdiction extends to all agrarian disputes, including joint production agreements under CARP, not just traditional landlord-tenant cases.

Documentary Stamp Tax on Pawnshop Pledges: A Clear Guide

The Supreme Court confirms pawnshop pledges are subject to documentary stamp tax under the National Internal Revenue Code. Learn the rules.