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.
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.
Default and Damages: Clarifying Rights in Chattel Mortgage Disputes
Philippine Supreme Court clarifies default rules, damages, and replevin in chattel mortgage disputes—key lessons for creditors and borrowers.
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.
Mortgage in Bad Faith: Due Diligence in Unregistered Land Transactions
When a bank fails to verify ownership of unregistered land before accepting it as collateral, it acts in bad faith and loses protection as a mortgagee.
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.
Decoding Redemption Periods in Philippine Property Law: The 12-Month Rule
Understand the 12-month redemption period under Philippine law, how it is computed, and why timing matters in property auctions.
Legal Interest in Philippine Judgments: Simple vs. Compound Interest Explained
Philippine courts apply simple legal interest on monetary judgments unless compound interest is explicitly stipulated. Learn the rules from David vs. Court of Appeals.
Homestead Redemption After Foreclosure: The 5-Year Right Under the Public Land Act
Homesteaders have a five-year right to repurchase foreclosed land under the Public Land Act, even after a bank consolidates title.
When Does Withholding Tax Obligation Arise? Filipinas Synthetic Fiber Corp. v. CA
Philippine Supreme Court clarifies when the duty to withhold tax on payments to foreign corporations arises—at accrual or payment.
Equitable Mortgage vs. Pacto de Retro Sale: When a "Sale" Is Really a Loan
Philippine courts look beyond contract labels. Learn how Articles 1602 and 1603 protect borrowers from disguised loans and unfair foreclosure.
Nationwide Reach of Replevin Writs: Jurisdiction and Enforcement in Philippine Courts
Philippine courts can enforce replevin writs nationwide. Learn how jurisdiction is determined and what it means for creditors and debtors.
Equitable Mortgage vs. Sale With Right to Repurchase: Philippine Supreme Court Ruling
Philippine Supreme Court explains when a "sale with right to repurchase" is actually an equitable mortgage, protecting borrowers from unfair foreclosure.
Receipts as Proof of Sale: Understanding Contract Perfection in Philippine Real Estate Law
When does a real estate sale become binding? The Supreme Court explains receipt requirements, fraud, and contract perfection in this Philippine case.
Execution Pending Appeal in Philippine Courts: When "Good Reasons" Are Not Enough
Philippine courts rarely allow execution of judgments pending appeal. Learn the strict "good reasons" rule from Maceda v. DBP.
Article 125 and the Proper Judicial Authority: Filing Before the MTC Stops the Detention Clock
Filing a complaint with the MTC counts as delivering a detainee to the proper judicial authority under Article 125, even without trial jurisdiction.
Unmasking Express Trusts in Philippine Property Law: Co-Ownership vs True Ownership
When a deed of sale is actually an express trust, the titled "owner" holds only as trustee. This case explains the difference.
Protecting Employee Benefits: Non-Diminution and Publication Rules in Philippine Law
Learn how the Supreme Court protected incumbent employee benefits under RA 6758 and voided an unpublished DBM circular that would have removed them.
Mortgage Foreclosure After Death of a Debtor: Creditor Options in the Philippines
When a mortgagor dies, creditors have three legal options. Learn how extrajudicial foreclosure works under Philippine law.