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 625648 of 2,108 articles for writ

COMELEC Authority Over Election Officers and Execution Pending Appeal Rules

Supreme Court clarifies COMELEC's supervisory power over election officers and when courts lose jurisdiction to order execution pending appeal.

Union Members' Right to Due Process in Suspension and Expulsion Cases

Supreme Court rules union officers liable for unfair labor practices when they ignore members' appeals from suspension and expulsion.

Union Officers' Failure to Act on Member's Appeal Is Unfair Labor Practice

Supreme Court rules union officers who ignore a member's appeal commit unfair labor practice violating the right to self-organization.

Execution Pending Appeal: Moral Damages and Attorney's Fees Excluded

Supreme Court rules moral damages, exemplary damages, and attorney's fees cannot be included in execution pending appeal. Learn the rules.

The People's Choice Prevails: Upholding Electoral Will Over Procedural Technicalities in Candidate Substitutio

Supreme Court rules that a deceased candidate's substitute cannot be disqualified on technical grounds after the electorate has spoken.

Extrajudicial Rescission of Lease Contracts: What Philippine Law Allows

Philippine Supreme Court clarifies when a lessor may extrajudicially rescind a lease contract without court approval, and the risks involved.

Upholding Client Trust Attorney Disbarred FOR Unauthorized Compromise AND Misappropriation OF Funds

A lawyer who compromised a client's case without authority and misused funds for docket fees was disbarred by the Supreme Court.

Illegal Dismissal Claims: When Voluntary Resignation and Quitclaims Prevail

Supreme Court ruling on when a resignation and quitclaim are voluntary, and what evidence employees must present to prove illegal dismissal.

Can a University Be Bound by Unauthorized Mortgages? Corporate Authority Explained

When can a corporation be bound by an officer's unauthorized acts? The Supreme Court explains in University of Mindanao v. Bangko Sentral ng Pilipinas.

Voluntary Resignation vs Illegal Dismissal: Protecting Overseas Filipino Workers

When is an OFW's resignation voluntary or forced? The Supreme Court clarifies the rules on quitclaims, waivers, and illegal dismissal claims.

Finality of Judgments: No Recomputation After Decision Becomes Executory

A final labor ruling cannot be recomputed or increased. Learn the finality rule and its exceptions from De Ocampo v. RPN-9.

Construction Delays: Who Bears the Cost? Lessons from BF Corp v. Werdenberg

A Supreme Court ruling on construction delays clarifies how courts apportion liability and compute liquidated damages when both parties share fault.

Probable Cause and the Ombudsman's Discretion: Limits of Judicial Review

The Supreme Court affirms the Ombudsman's dismissal of criminal charges for lack of probable cause, underscoring the limits of judicial review over prosecutorial discretion.

Mortgages on Land Reform Properties: Balancing Bank Rights and Agrarian Justice

When land reform and bank mortgages collide, who gets the just compensation? The Supreme Court settles the rule.

Loan Payments and Proof: When a Certification Can Tip the Scales in Debt Disputes

A car loan dispute shows how a certification of payment can shift the burden of proof in Philippine debt cases.

Seafarer Death Benefits: Proving Suicide as a Defense Against Employer Liability

The Supreme Court explains when an employer may escape liability for seafarer death benefits by proving suicide as a willful act.

Limits of a General Power of Attorney Authority to Sell Real Property in the Philippines

Philippine Supreme Court clarifies that a general power of attorney does not authorize an agent to sell real property without a special power of attorney.

Redundancy Dismissals: Strict Compliance With Labor Code Imperative

Philippine Supreme Court clarifies strict requirements for valid redundancy termination, including mandatory DOLE notice and fair selection criteria.

Dispositive Portion Prevails When DOJ Resolution Body Conflicts With Fallo

When a DOJ resolution's body conflicts with its dispositive portion, the fallo controls. Learn the rule from Santiago v. Bello IV.

Forcible Entry, Heir Substitution, and Judgment Immutability in Property Disputes

When can heirs substitute a deceased party in a forcible entry case? The Supreme Court explains the limits of judgment immutability.

Termination Disputes and Choice of Law: Protecting Philippine Labor Rights in Cross-Border Employment

Philippine labor tribunals can hear termination disputes involving foreign employers; Philippine law applies when the worker's duties are performed here.

Navigating the Shoals of Forum Shopping: Dismissal of Damages Claim Reversed

The Supreme Court clarifies that forum shopping requires identity of causes of action, not just identity of parties.

Upholding Attorney Accountability: Negligence and the Duty to Client

A lawyer's failure to file an appellant's brief and keep a client informed leads to a six-month suspension, while a contingent fee contract is upheld.

Resignation vs. Constructive Dismissal: When Leaving a Job Is Not Forced

The Supreme Court clarifies when a resignation is voluntary and not constructive dismissal, and which money claims belong in labor courts.