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 601624 of 818 articles for breach

Prescription Period for Reconveyance Actions Based on Implied Trusts

Learn when a reconveyance action based on implied trust prescribes—10 years from title issuance, not 4 years from fraud discovery.

Lessor's Breach and Lessee's Rights: Rental Credits and Possession in Philippine Lease Law

Philippine Supreme Court clarifies lessee rights when lessor breaches lease: rental suspension, stipulation pour autrui, and possession after unlawful dispossession.

Mutuality of Contracts: When One-Sided Termination Clauses in Employment Contracts Are Void

The Supreme Court explains when a termination clause that leaves dismissal to one party's sole judgment violates the mutuality principle under Article 1308 of the Civil Code.

Dual Employment in the Public Sector: When Service Becomes a Violation of Duty

The Supreme Court clarifies when accepting public sector positions and practicing law can violate the Constitution, Civil Service rules, and the lawyer's oath.

Venue Stipulations in Contracts: Limits on Exclusive Venue Clauses

Philippine Supreme Court ruling on when exclusive venue stipulations in contracts apply, and when they cannot restrict access to courts.

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.

Breach of Trust and Employee Dismissal: When Is It Justified in the Philippines

Philippine Supreme Court clarifies when employee dismissal for breach of trust is justified, and why procedural rules yield to substantial justice in labor cases.

Breach of Public Trust: Court Clerk Dismissed for Extortion and Dishonesty

A court clerk's dismissal for issuing fake subpoenas to extort money shows why public office is a public trust.

Breach of Duty Accountability for Negligence in Bank Appraisal

Court personnel must avoid any act that diminishes public faith in the judiciary; misuse of office warrants dismissal.

When Counsel's Negligence Binds the Client: Due Diligence in Appeals

The Supreme Court clarifies when a lawyer's failure to act diligently on an appeal binds the client, and what counts as notice of a decision.

Termination vs Rescission: Lease Contract Disputes and Penalties in the Philippines

Philippine Supreme Court clarifies the legal difference between terminating and rescinding a lease contract, and when penalties apply.

Clerk of Court Dismissed for Misappropriating Judiciary Funds: Sollesta v. Mission

Supreme Court dismisses a clerk of court for converting P171,450 in judiciary funds, ruling restitution does not erase administrative liability.

Venue Stipulations in Promissory Notes Extend to Surety Agreements

When a promissory note fixes an exclusive venue, that stipulation binds the surety agreement supporting it, the Supreme Court rules.

Onerous Donations and Substantial Breach: Upholding the Purpose of a Gift

When can a donor revoke an onerous donation? The Supreme Court explains the substantial breach rule in C-J Yulo & Sons v. Roman Catholic Bishop of San Pablo.

Breach of Barangay Settlement: Your Right to Rescind and Sue in Court

When a barangay settlement is breached, Philippine law gives the aggrieved party the right to rescind it and pursue their original claim in court.

Contractual Obligations Mutuality AND Modification IN Commission Disputes

Learn how the Supreme Court applied the mutuality of contracts principle in a commission dispute, protecting a manager's right to earned franchise fees.

Prompt Disposition Mandate: Disciplining Judges for Case Delays

The Supreme Court disciplines a judge for undue delay in deciding an ejectment case, underscoring the mandatory nature of the 30-day period under the Revised Rules on Summary Procedure.

Hotel Waivers for Lost Guest Items Are Void: The McLoughlin Rule

Philippine law voids hotel waivers for lost guest belongings. Learn the McLoughlin case and what hotels must do.

Judicial Efficiency: Timely Resolution of Cases as a Judge's Duty

The Supreme Court reminds judges that heavy caseloads do not excuse delay in deciding cases, imposing fines for gross inefficiency.

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 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.

Credit Card Suspension and Moral Damages: When Breach of Contract Lacks Bad Faith

Philippine Supreme Court ruling on when credit card suspension without notice does not entitle cardholder to moral damages absent bad faith.

Substantial Compliance with Procedural Rules: Certified Xerox Copies in Philippine Law

Supreme Court ruling on certified xerox copies as substantial compliance with Rule 65 requirements for petitions for certiorari.