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 64096432 of 6,812 articles for appeal

Proving Marriage and Filiation in the Philippines When Documents Are Missing

How Philippine courts allow proof of marriage and filiation through witnesses, baptismal certificates, and other evidence when official records are lost.

Counterclaims After Complaint Dismissal: Philippine Rules Explained

Learn when counterclaims survive dismissal of the main complaint under Philippine civil procedure, based on the Fletcher Challenge case.

Double Jeopardy in the Philippines: When Partial Promulgation of a Decision Does Not Count

When a trial court promulgates only the civil liability part of a conviction, the accused cannot claim double jeopardy to block the later promulgation of the criminal penalty.

Immediate Execution in Ejectment Cases: Why Delaying Tactics Won't Work

Learn how the Supreme Court enforces immediate execution in ejectment cases and why delaying tactics like motions for reconsideration won't stop a writ.

Exceeding Authority or Political Vendetta: Ombudsman Dismissal of Local Officials in the Philippines

When can the Ombudsman's dismissal of a local official be overturned? The Supreme Court explains in Constantino v. Desierto.

Implied Trusts in Philippine Property Law: When a Titleholder Is Not the True Owner

Learn how implied trusts work under Philippine law, the gift presumption for children under Article 1448, and key lessons from Morales v. Court of Appeals.

Surety vs Guarantor: Co-Maker Liability in Philippine Loans Explained

Philippine Supreme Court clarifies the difference between a surety and a guarantor in co-maker loan agreements, and when a creditor may sue one alone.

Cross-Examination Essentials: Why Properly Impeaching a Witness Testimony Is Crucial in Philippine Courts

Learn the proper way to impeach a witness in Philippine courts, based on the Supreme Court's ruling in People v. De Guzman.

Protecting Your Property Rights: Why Forged Deeds Can't Stand in Philippine Law

Learn how Philippine courts treat forged deeds and protect property owners. A guide to reconveyance actions, prescription, and buyer's good faith.

When Cases Become Pointless: Mootness and a Lawyer's Duty to the Court in Philippine Law

Explore the Supreme Court's ruling on procedural rules and the burden of proof in the Pacific Banking Corporation liquidation case.

Motion for Reconsideration in NLRC Cases: A Jurisdictional Requirement, Not a Mere Technicality

Filing a Motion for Reconsideration with the NLRC is mandatory before seeking certiorari. Missing this step can be fatal to an otherwise meritorious case.

Motion to Dismiss Denied: Courts Must First Examine the Merits, Not Just Allegations, in Philippine Property D

Philippine Supreme Court clarifies that a motion to dismiss for lack of cause of action requires courts to examine the merits of a property dispute, not just the allegations.

When a Child Eyewitness Fails: The Roman Meneses Acquittal and the Law on Identification

The Supreme Court acquitted Roman Meneses due to unreliable eyewitness identification, explaining when a child's testimony and police show-ups fail the test of proof beyond reasonable doubt.

Rent-a-Car Liability in the Philippines: When Is the Owner Liable for Lessee’s Negligence?

Philippine Supreme Court ruling on when rent-a-car companies are liable for lessee negligence under quasi-delict and vicarious liability rules.

Seafarer Transfers Understanding Crewmember Rights AND Employer Prerogatives IN Vessel Assignments

Learn how the Supreme Court balanced crewmember rights and employer prerogatives in vessel transfer assignments for Filipino seafarers.

Dismissal by Sandiganbayan: Proper Legal Remedy and Mootness in Philippine Courts

Learn when a Sandiganbayan dismissal is appealable via Rule 45, not certiorari, and when cases become moot.

Shipping Delays: When the 1-Year COGSA Limit Does Not Apply in the Philippines

Philippine law distinguishes physical cargo damage from pure economic loss due to delay. Learn when the 10-year Civil Code prescriptive period applies instead of COGSA's 1-year rule.

Philippine Labor Law: Workplace Venue Not Always Mandatory for Labor Disputes

Philippine Supreme Court ruling: NLRC venue rules are permissive, not mandatory. Worker convenience and substantial justice can override workplace location.

Justice Delayed Rights Denied Understanding Judicial Delay AND Injunction Bonds IN Philippine Courts

Philippine Supreme Court clarifies venue rules in labor cases, prioritizing worker convenience and substantial justice over technicalities.

Suspension of Payments in the Philippines: Who Can File and What Are the Limits

The Supreme Court clarifies that only corporations, partnerships, or associations—not individuals—may file for suspension of payments under PD 902-A.

Missed Deadline NOT Justice Denied When Excusable Negligence Saves A Labor Appeal IN THE Philippines

Philippine Supreme Court rules on when a late labor appeal may be excused due to honest mistake, and when separation pay replaces reinstatement.

Caveat Emptor in Philippine Law: The Fule Case on Buyer Beware in Property and Jewelry Deals

Philippine law applies caveat emptor—buyers must inspect goods before purchase. The Fule case shows how failure to verify authenticity can defeat fraud claims.

Superior Strength in Murder: How Conspiracy Establishes Criminal Liability

Philippine Supreme Court ruling on how conspiracy and superior strength qualify a killing as murder, with practical legal takeaways.

Online Psychological Abuse Under RA 9262: When a Public Facebook Post Becomes a Crime

The Supreme Court clarifies when public social media posts constitute psychological abuse under RA 9262 and how ICT use raises penalties.