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 4972 of 151 articles for 30 days

Protecting Victims: How Family Can Petition for Protection Orders Under the Anti-VAWC Law

The Supreme Court clarifies that a victim's family can file for protection orders under the Anti-VAWC Law, even after a criminal complaint is dismissed.

Hierarchy of Courts and Exhaustion of Administrative Remedies: The Imperative for Orderly Legal Processes

The Supreme Court reiterates that parties must observe the hierarchy of courts and exhaust administrative remedies before seeking judicial relief.

Undue Delay in Ejectment Cases: When a Judge Must Decide Within 30 Days

A judge's failure to decide an ejectment case within 30 days is undue delay. Learn the rules and penalties.

Fixed-Term Contracts: What the 30-Day Notice Rule Means for Renewal

Supreme Court ruling on fixed-term contracts, the 30-day notice requirement, and automatic renewal implications for employers and employees.

Corporate Records Access: Stockholder Rights and Officer Duties After Dissolution

Philippine Supreme Court clarifies that a stockholder's right to inspect corporate records survives corporate dissolution and continues during liquidation.

Lease Default and Lessor Rights: Reading Contract Clauses Literally

Philippine Supreme Court ruling on lessor rights upon lessee default, contract interpretation, and enforcement of claims against a deceased lessee's estate.

B.P. 22 Penalties: Supreme Court Tempers Imprisonment for Bouncing Checks

The Supreme Court clarifies that imprisonment for B.P. 22 violations must be proportionate and not excessive, modifying a 51-year sentence.

Attorney Suspended Five Years for Deceitful Conduct and Breach of Professional Responsibility

Lawyer suspended five years for deceiving clients into paying P350,000 for a property redemption she never processed, violating the Lawyer's Oath and Rule 1.01.

Voluntary vs. Involuntary Dealings: How to Register Property Agreements in the Philippines

Learn the difference between voluntary and involuntary dealings under Philippine property law, and why registering a conditional sale as an adverse claim can be a costly mistake.

Indefinite Preventive Suspension Is Constructive Dismissal: Agcolicol v. Casiño

When an employer suspends a worker indefinitely beyond 30 days, the suspension ripens into constructive dismissal, entitling the employee to backwages and separation pay.

Valid Notice in Corporate Meetings: Mailing vs Receipt in the Philippines

Learn when termination notices are valid in the Philippines—mailing vs receipt, and the 30-day rule under the Labor Code.

Substitution of Parties: Due Process Prevails Despite Procedural Lapses in Estate Cases

Philippine Supreme Court rules that failure to formally substitute deceased parties is not fatal when heirs actively participate in the case.

Substitution of Heirs and Due Process in Continuing Litigation After a Party's Death

Philippine Supreme Court clarifies when failure to formally substitute deceased parties does not violate due process in ongoing civil cases.

Overcoming Technicalities: Republic's Right to Recover Ill-Gotten Wealth

Supreme Court rules procedural lapses should not defeat the state's recovery of ill-gotten wealth, reversing Sandiganbayan dismissal.

Motion for Extension of Time: Balancing Strict Rules and Substantial Justice

Philippine Supreme Court ruling on when courts should relax procedural rules on formal offer of evidence to serve substantial justice.

Preventive Suspension Limits and Employer Rights in Philippine Labor Law

The Supreme Court clarifies when employers may impose successive preventive suspensions and the rules on appeal bonds in labor cases.

Who Hears CLOA Cancellation Cases? The DAR Secretary, Not DARAB, Rules

A Supreme Court ruling clarifies that DARAB lacks jurisdiction over CLOA cancellation cases without tenurial disputes; the DAR Secretary decides.

Conflicting Medical Reports: When a Seafarer Gets Full Disability Benefits

Philippine Supreme Court rules on conflicting company doctor reports, entitling seafarer to full permanent disability benefits under POEA-SEC.

Perfecting Appeals in Special Proceedings: Why the Record on Appeal Matters

In special proceedings like estate settlement, failing to file a record on appeal is fatal. Learn the rules and avoid losing your appeal.

VAT Refund Timelines: Strict Compliance Prevails Over Prior BIR Rulings

Supreme Court clarifies mandatory 120+30 day VAT refund periods; late judicial claims fail despite BIR Ruling No. DA-489-03.

When a Final Judgment Violates the Law on Bouncing Checks: Correcting an Excessive Penalty

The Supreme Court corrected an excessive fine in a final BP 22 conviction, showing when final judgments may be modified.

Sheriffs Must Strictly Follow Execution Procedures or Face Administrative Liability

Philippine Supreme Court reminds sheriffs to strictly follow execution rules, compute amounts themselves, and file timely returns.

VAT Refund Claims: Strict Deadlines and Proper Documentation Required

Philippine Supreme Court clarifies VAT refund rules: strict 2-year filing deadlines and the necessity of official receipts for zero-rated services.

Strict Deadlines in VAT Refund Claims: The 120+30 Day Rule and Its Exceptions

Philippine Supreme Court clarifies the mandatory 120+30 day periods for VAT refund claims, and the BIR ruling that temporarily allowed premature judicial appeals.