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 960 articles for interest

Possession vs Ownership: Writ of Possession and Third-Party Claims in Philippine Foreclosures

A writ of possession is ministerial only against the mortgagor. Third parties with adverse claims must be heard first.

Novation Must Be Clear: Restructuring Agreements Do Not Automatically Extinguish Prior Obligations

Philippine Supreme Court ruling on when debt restructuring novates an obligation and when it merely modifies the original agreement.

CIAC Jurisdiction Prevails Over Contractual Conditions Precedent in Construction Arbitration

Philippine Supreme Court rules CIAC retains jurisdiction over construction disputes even when parties fail to comply with contractual conditions precedent like DAB referral.

Corporate Liability and Bouncing Checks: Clarifying the Scope of B.P. Blg. 22

The Supreme Court clarifies that corporations cannot be impleaded in B.P. 22 cases, but creditors may still pursue separate civil actions against them.

Possession Is Key: Upholding Convictions Despite Warrantless Searches in Forestry Code Violations

The Supreme Court explains when warrantless seizures of lumber are valid and why mere possession without documents is a crime.

Horse Racing Regulation: Philracom's Power to Ensure Fair and Safe Races

The Supreme Court upholds Philracom's authority to issue rules and directives for the horse racing industry, including measures to eradicate Equine Infectious Anemia.

Real Property Tax: Who Is the Actual User in a BOT Agreement?

Philippine Supreme Court ruling on real property tax exemption under a Build-Operate-Transfer agreement and who qualifies as actual user.

Rehabilitation Petitions Technical Insolvency AND Creditors Rights IN Corporate Recovery

Philippine Supreme Court clarifies when a technically insolvent corporation may file for rehabilitation and how creditor rights are affected.

Continuing Surety Agreements: When a Surety Is Liable for Another's Loan

Philippine Supreme Court explains continuing surety agreements and when a surety becomes liable for a principal debtor's obligations.

Must-Carry Rule vs. Broadcasting Rights: The DTH Satellite Retransmission Case

The Supreme Court ruled that DTH satellite providers may carry free-to-air signals under the must-carry rule without violating broadcasting rights.

Heirship Rights vs. Execution Sales: Protecting Inherited Property in the Philippines

Learn how the Supreme Court protects heirs' rights when inherited property faces competing claims, and what the Dela Cruz ruling means for Filipino families.

Reversion of Land: Balancing State Ownership and Good Faith Improvements

When land reverts to the State, what happens to improvements planted in good faith? The Supreme Court provides guidance.

Drug Testing and Constitutional Rights: The Supreme Court's Balancing Act in the Philippines

The Supreme Court upheld random drug testing for students and employees but struck down mandatory tests for candidates and accused persons.

Notarial Duty Ensuring Personal Appearance In Document Acknowledgment

A notary public must require personal appearance of signatories before notarizing documents. Learn the legal consequences of violating this duty.

Relief From Judgment Not Available in the Supreme Court: Purcon v. MRM Philippines

The Supreme Court explains why a petition for relief from judgment under Rule 38 cannot be filed in the High Court.

Proving Land Ownership: Why Possession Since 1945 Needs More Than Claims

Learn what Philippine courts require to prove land ownership through possession since 1945, from the Arbias v. Republic case.

Debt Recovery Execution: Waiver of Demand and Proving Overlevy

Learn when a sheriff's failure to demand payment is excused and how to prove overlevy in execution sales under Rule 39.

Notarizing Without a Commission: When a Lawyer’s Mistake Becomes Malpractice

The Supreme Court suspends a lawyer for notarizing documents after his commission expired, ruling that ignorance or reliance on staff is no excuse.

Investment or Loan? The Estafa Trap in Misrepresented Business Ventures

When a business deal fails, is it a breach of contract or estafa? The Supreme Court clarifies when false pretenses turn a failed investment into a criminal offense.

Wage Order Enforcement: Prescription Rules for Money Claims vs Final Judgments

Learn the difference between the 3-year prescription for money claims and the 5-year period to enforce final judgments in Philippine labor law.

Unconscionable Interest Rates: Protecting Borrowers From Excessive Loan Costs

The Supreme Court affirms that monthly interest rates of 5% to 7% are unconscionable and may be reduced to 12% per annum.

Upholding Ethical Conduct: Infidelity as Grounds for Attorney Disbarment in the Philippines

The Supreme Court rules on infidelity as grounds for attorney disbarment, clarifying ethical standards for lawyers and judges in the Philippines.

False Promises and Financial Ruin: Establishing Estafa Through Deceit in Investment Schemes

The Supreme Court affirms that luring investors with false profit promises constitutes estafa, even when the accused claims ignorance of the scheme.

Seafarer’s Illegal Dismissal: Due Process and the Ship’s Logbook in Maritime Cases

The Supreme Court ruled a seafarer’s dismissal illegal for lack of just cause and due process, highlighting the logbook’s evidentiary value.