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.
Appointment in Civil Service: The Indelible Right Despite Administrative Lapses
A valid civil service appointment takes effect immediately and remains effective until disapproved by the CSC—even if submission was delayed.
Affinity Survives Death But Not Falsification: Estafa and Article 332
The Supreme Court rules on whether a son-in-law can invoke the Article 332 exemption from criminal liability for estafa after his wife's death.
Challenging Election Results: Strict Rules for Pre-Proclamation Controversies in the Philippines
Learn the strict rules for pre-proclamation controversies in Philippine election law, based on the Supreme Court's ruling in Saño v. COMELEC.
Forum Shopping Rule: Defective Certification Dooms Appeal Before HLURB
A defective certification against forum shopping can prevent an appeal from being perfected, making the original decision final and executory.
Perfecting Appeals: The Jurisdictional Requirement in Estate Proceedings
Why filing both a notice of appeal and record on appeal is jurisdictional in estate cases, and what happens when a party fails to perfect an appeal.
Custody Rights and the Child's Welfare: Reassessing Habeas Corpus in Family Disputes
The Supreme Court clarifies that habeas corpus in child custody cases aims to determine rightful custody, not just produce the child.
Good Faith in Profit-Sharing Agreements: Lessons from Silverio v. Almeda
When a land sale includes a profit-sharing clause, the seller must act in good faith and disclose all resale details to the buyer.
Public Hearing Imperative Invalidating Ordinances Without Community Input
A municipal ordinance imposing goodwill fees without a valid prior public hearing is void, the Supreme Court rules.
Minor Defects in Election Returns Do Not Justify Exclusion from Canvass
The Supreme Court rules that minor defects in election returns are not grounds for exclusion in a pre-proclamation controversy.
Jurisdiction in Swindling Cases: How Penalties Determine the Proper Court
Philippine Supreme Court ruling explains how penalties and fines determine which court hears swindling cases under the Revised Penal Code.
Equitable Reduction of Liquidated Damages in Construction Delays: Balancing Contractual Obligations and Fairne
Philippine Supreme Court explains when courts may reduce liquidated damages in construction delay cases, balancing contract terms with equity.
Sangguniang Bayan Concurrence in Municipal Appointments: A Mandatory Requirement
The Supreme Court ruled that municipal appointments require Sangguniang Bayan concurrence; without it, the appointment is invalid regardless of tenure.
When Can a Generic Term Like "Ginebra" Be Protected as a Trademark?
The Supreme Court clarifies when a generic word like "Ginebra" may acquire trademark protection through secondary meaning, and why preliminary injunctions demand a clear right.
Probate Appeals and Executor Disqualification: Lessons from the Marcos Estate Case
The Supreme Court clarifies appeal rules in probate cases and when a criminal conviction disqualifies an executor for moral turpitude.
Default Orders and the Law of the Case: When Prior Rulings Bind Subsequent Appeals
The Supreme Court explains how the doctrine of law of the case bars relitigating a default order previously upheld with finality.
Falsification of Public Documents: When Notarizing False Affidavits Becomes a Crime
A mayor's conviction for notarizing false affidavits of ownership and joint affidavits shows how public officials can be liable for falsification under Article 171 of the Revised Penal Code.
Habeas Corpus and Valid Court Judgments: When the Writ Is Denied in the Philippines
Philippine Supreme Court clarifies when habeas corpus petitions are denied despite procedural leniency, emphasizing valid judgments and pending cases.
When a Dishonored Check Cannot Be Theft: The Impossible Crime Doctrine in the Philippines
Can a worthless check be the object of theft? The Supreme Court explains the impossible crime doctrine and why intent alone is not enough.
Diligence Required Enforcing Final Judgments AND Avoiding Laches IN Philippine LAW
A 13-year delay in enforcing a final judgment bars execution by motion and constitutes laches. Learn the rules and deadlines.
Partition Disputes: The Mandatory Role of Commissioners in Property Division
Philippine Supreme Court clarifies when courts must appoint commissioners to divide property in partition disputes, and the limits of the parol evidence rule.
Illegal Dismissal: Proving Valid Cause and the Right to Reinstatement and Backwages
Learn the rules on illegal dismissal, valid cause, and the employee's right to reinstatement and backwages from this Philippine Supreme Court case.
U-Turn Negligence: When a Sudden Maneuver Establishes Fault in Vehicle Collisions
A sudden U-turn without signal lights can establish negligence and proximate cause in a vehicle collision, making the driver and employer liable for damages.
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.
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.