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 70337056 of 10,381 articles

Lessor's Breach and Lessee's Rights: Rental Credits and Possession in Philippine Lease Law

Philippine Supreme Court clarifies lessee rights when lessor breaches lease: rental suspension, stipulation pour autrui, and possession after unlawful dispossession.

Criminal VS Civil When A Civil Court Ruling Doesnt Stop A Criminal Trial

A civil court ruling that seems to favor the accused does not automatically stop a criminal prosecution. Learn the rules on prejudicial questions, res judicata, and motion to quash.

Lawyer Advertising Balancing Professional Dignity With Public Access TO Legal Services

The Supreme Court clarifies the line between lawyer advertising and professional dignity, balancing public access to legal services with ethical standards.

Lease After Foreclosure Overrides Writ of Possession: Philippine Rule

A post-foreclosure lease between mortgagor and mortgagee creates a new relationship, making ejectment, not writ of possession, the proper remedy.

Sheriffs Duty Prompt Reporting AND Accountability IN Writ Execution

This case clarifies the duty of sheriffs to promptly report writ execution and their accountability for failure to comply.

Retroactive Application of Procedural Rules: The Fresh Period Rule for Certiorari Petitions

The Supreme Court clarifies that curative procedural rules apply retroactively, granting a fresh 60-day period for filing certiorari petitions after denial of reconsideration.

Equitable Interest When Mortgage Rates Clash With Legal Limits in the Philippines

Philippine Supreme Court ruling on redemption rights, mortgage rates, and legal limits in Banco Filipino case.

Mutuality of Contracts: When One-Sided Termination Clauses in Employment Contracts Are Void

The Supreme Court explains when a termination clause that leaves dismissal to one party's sole judgment violates the mutuality principle under Article 1308 of the Civil Code.

Possession vs Ownership: How Tax Declarations and Evidence Resolve Land Disputes

A Supreme Court ruling explains how tax declarations and evidence of possession resolve land disputes, and why paper title alone may not win the case.

Dual Employment in the Public Sector: When Service Becomes a Violation of Duty

The Supreme Court clarifies when accepting public sector positions and practicing law can violate the Constitution, Civil Service rules, and the lawyer's oath.

Jurisdiction Clarified When Regular Courts Handle Property Disputes Despite Developer Status

When do regular courts, not HLURB, hear property disputes? The Supreme Court clarifies jurisdiction rules in Lacson Hermanas v. Heirs of Ignacio.

Timely Notice IS KEY Understanding Carrier Liability IN Damaged Goods Claims Under THE Code OF Commerce

When cargo arrives damaged, the clock starts ticking. Learn how Article 366 of the Code of Commerce can bar a claim entirely if notice is late.

Corporate Identity and Loan Obligations: Name Change Does Not Excuse Debt Payment

Philippine Supreme Court ruling on whether a corporate name change or bank identity affects loan obligations and surety liability.

VAT Zero-Rating for Services Performed in the Philippines Paid in Foreign Currency

Philippine Supreme Court clarifies VAT zero-rating rules for services performed locally but paid in foreign currency, striking down restrictive BIR regulations.

Sublease Rent Claims: Why Lessors Must Sue the Lessee First

Philippine Supreme Court ruling clarifies that lessors cannot directly sue sublessees for unpaid rent without first obtaining judgment against the lessee.

Withdrawal of Information vs Dismissal: What the Supreme Court Said

The Supreme Court clarifies when a motion to withdraw information is final, and how prosecutors must weigh both sides in preliminary investigation.

Judicial Impartiality When Family Ties Conflict With Legal Duty In The Courtroom

A judge who hears a case where his son-in-law appears as counsel violates mandatory disqualification rules, even if the outcome seems fair.

Balancing Justice AND Procedure When Courts CAN Relax Rules FOR Fairness

Philippine Supreme Court explains when procedural rules may be relaxed to serve substantial justice, using a forum-shopping case as example.

Family Code Interpretation Limits on Family Member Definition in Legal Disputes

Supreme Court clarifies Article 213 of the Family Code: mothers keep custody of children under seven unless compelling reasons exist.

Laches and Land Disputes: When Delaying a Claim Can Cost You Ownership in the Philippines

Philippine Supreme Court explains how laches—unreasonable delay in asserting a claim—can bar recovery of titled property, even for legal heirs.

When Contracting Turns Into Employment: Defining the True Employer

Learn how Philippine courts determine the real employer in contracting arrangements and what this means for liability in illegal dismissal cases.

Attorney Accountability Understanding Lawyer Neglect of Duty in the Philippines

A Philippine Supreme Court ruling on lawyer neglect of duty, abandonment of clients, and the ethical obligations of attorneys.

CBA Scholarship Benefits Resolving Ambiguities IN Favor OF Labor

Security agency loses bid to exempt receivables from garnishment; Court applies labor-friendly rule on execution exemptions.

Judicial Overreach: Contempt Powers, Due Process, and the Limits of a Judge's Discretion

A judge's contempt power has limits. Learn how the Supreme Court disciplined a judge for denying a lawyer's right to post bond.