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.
Writ of Possession, Third-Party Claims, and Redemption Rights in Property Disputes
A writ of possession cannot evict third parties holding property adversely to the judgment obligor. Explaining Sio Tiat King v. Lim.
Supervening Events and Restitution: When Final Judgments Can Be Overturned
Philippine Supreme Court ruling on when supervening events justify setting aside final judgments and ordering restitution of executed amounts.
Upholding Legal Ethics: Disciplining Lawyers for Obstructing Justice and Misleading Courts
A lawyer's duty to the court outweighs loyalty to a client. Learn how obstruction and misleading courts lead to suspension.
Illegal Dismissal: Proving Just Cause at the Time of Termination
When can an employer validly dismiss an employee? The Supreme Court clarifies the rules on just cause, due process, and burden of proof in illegal dismissal cases.
Optional Retirement Requires Employee's Explicit Consent: A Guide to Article 302 of the Labor Code
The Supreme Court clarifies that optional retirement before age 65 requires the employee's explicit, voluntary consent; otherwise, it is illegal dismissal.
Retroactivity of Laws Protecting Vested Retirement Benefits of Military Personnel
Supreme Court rules PD 1638 cannot retroactively strip vested retirement benefits of military retirees under RA 340.
Probable Cause and Estafa: Balancing Judicial Discretion and Individual Rights in Criminal Arrests
Learn how the Supreme Court balances probable cause requirements and individual rights in estafa cases, from arrest to attachment.
When Can a Bank Deposit Real Property Instead of Cash to Lift an Attachment?
Philippine Supreme Court clarifies that under Rule 57, only cash deposit or counter-bond can lift a writ of attachment.
Cash Deposit or Counter Bond: The Only Ways to Discharge an Attachment in Philippine Courts
Philippine Supreme Court clarifies that only cash deposits or counter-bonds can discharge a writ of attachment—not real property.
Assignment of Contractual Rights: Consent Requirements and Third Party Obligations in Philippine Law
Philippine Supreme Court clarifies when contractual assignment binds the debtor and when assignee consent is required under Civil Code.
Novation Requires Clear Creditor Consent Protecting Banks IN Debt Assumption Cases
Philippine Supreme Court ruling on debt assumption, assignment of credit, and the need for creditor consent under Civil Code.
Redemption of Foreclosed Property: Full Payment Required, Good Intent Not Enough
Philippine Supreme Court clarifies that redeeming a foreclosed property requires full payment of the redemption price within the one-year period, not just partial payments or good intentions.
How Appeals Affect Preliminary Attachments: Jurisdiction and Ancillary Remedies
When a main case is appealed, the trial court loses jurisdiction over the attachment. Learn the rule from Northern Islands v. Garcia.
Counsel's Receipt of Motion for Execution as Notice of Decision: Due Process Implications
When a counsel receives a motion for execution referencing a decision, that receipt can serve as effective official notice of the decision, even without formal service.
When Public Interest Meets Private Contracts: The SM Land v. BCDA Ruling on Development Projects
The Supreme Court ruled that government agencies cannot cancel accepted unsolicited proposals by invoking public interest, upholding contractual obligations.
Upholding Employee Rights Minor Infractions Dont Justify Dismissal
Philippine Supreme Court rules minor infractions like eating on duty or occasional tardiness do not justify employee dismissal.
Upholding Employers Right TO Discipline Dishonesty AS Just Cause FOR Termination
Supreme Court rules that a nurse’s theft of hospital supplies is just cause for dismissal, reaffirming management prerogative to discipline dishonest employees.
Satisfaction of Judgment and the Right to Appeal: Navigating Mootness in Philippine Labor Law
When paying a labor award does not end the case: the Supreme Court clarifies the mootness doctrine in seafarer disability disputes.
Marital Consent IS KEY Voiding Property Sales Without Spousal Agreement
Learn when a sale of conjugal property without spousal consent can be voided under Philippine law, and what buyers must check.
Due Process and Administrative Investigations: The Limits of Certiorari
When can a government official question a show cause order through certiorari? The Supreme Court clarifies the limits of this remedy.
Influence Peddling IN THE Legal Profession Upholding Ethical Standards AND Public Trust
Understand when a lawyer's error becomes gross misconduct, and why obeying court orders is a sacred duty.
Writ of Possession for Subsequent Purchasers After Foreclosure: Key Rules
Learn when a subsequent buyer of foreclosed property can obtain a writ of possession and the procedural requirements under Philippine law.
Res Judicata When Prior Judgments Prevent Relitigation of Land Ownership Disputes
Learn how res judicata bars relitigation of land ownership disputes, using a 2015 Philippine Supreme Court ruling as a guide.
Redemption Rights Clarifying Repurchase Price After Foreclosure Of Public Land
Supreme Court clarifies the repurchase price for foreclosed free patent land under Section 119 of the Public Land Act.