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.
Continuing Suretyship Scope and Enforceability in Loan Renewals
Philippine Supreme Court ruling on whether a continuing suretyship covers renewed credit facilities and subsequent loan availments.
Maritime Claims: Strict Interpretation of COGSA Prescriptive Period
Philippine Supreme Court clarifies the one-year COGSA prescriptive period for maritime cargo claims, emphasizing strict timing rules.
Upholding Legislative Intent: The Limits of COMELEC's Rule-Making Power in Party-List Nominations
A look at Lokin v. COMELEC, where the Supreme Court struck down a COMELEC rule expanding the grounds for substituting party-list nominees beyond RA 7941.
Affinity Survives Death But Not Falsification: Estafa and Article 332
The Supreme Court rules on whether a son-in-law can invoke the Article 332 exemption from criminal liability for estafa after his wife's death.
Forum Shopping Rule: Defective Certification Dooms Appeal Before HLURB
A defective certification against forum shopping can prevent an appeal from being perfected, making the original decision final and executory.
Documentary Stamp Tax: When Special Savings Deposits Are Certificates of Deposit Drawing Interest
The Supreme Court rules that special savings deposits with fixed-term features are "certificates of deposit drawing interest" subject to documentary stamp tax.
Peace vs. the Constitution: Delineating Executive Power in Ancestral Domain Agreements
The Supreme Court ruled the MOA-AD unconstitutional, limiting the executive's power to bind the state in peace agreements.
When 'In Lieu of All Taxes' Does Not Mean Local Tax Exemption: Smart Communications v. City of Davao
The Supreme Court ruled that a franchise's "in lieu of all taxes" clause covers only national taxes, not local franchise taxes.
Lis Pendens Cancellation: Final Judgments and Property Rights Under Biglang-Awa
Learn when a notice of lis pendens can be cancelled after a final judgment, based on the Supreme Court ruling in Biglang-Awa v. Philippine Trust Company.
Municipal Boundaries Law Prevails Over Inconsistent Interpretation
Supreme Court rules that a municipality's boundaries are fixed by its charter law, and only Congress may alter them.
Amending Complaints: Balancing Procedural Rules and the Pursuit of Justice in the Philippines
Explore how Philippine courts balance strict procedural rules with substantive justice, as shown in Ogalisco v. Holy Trinity College.
Local Government Authority and Ordinance Enforcement: A Guide for Businesses
Learn how the Supreme Court affirmed a city mayor's duty to enforce local ordinances, and what this means for businesses operating under reclassified zones.
Proving Land Ownership in the Philippines: The June 12, 1945 Rule in Land Registration
Philippine land registration requires proof of possession since June 12, 1945. Learn the rules and the key case of Republic v. Carrasco.
Motion for Reconsideration: Avoiding Pro Forma Dismissals in Philippine Courts
Learn how Philippine courts treat procedural lapses in motions for reconsideration, and why substantive justice prevails over technicalities.
Suspended Sentences for Juvenile Offenders: Limits and Implications in the Philippines
The Supreme Court clarifies when a juvenile offender cannot get a suspended sentence, even under RA 9344.
Real Property Tax Exemption for Telecoms: Understanding Franchise Rights in the Philippines
Learn how the Supreme Court ruled on Bayantel's real property tax exemption under its legislative franchise, and what this means for telecom companies.
Why the Dispositive Portion of a Final Judgment Controls in Philippine Courts
A final judgment is immutable. The dispositive portion, not the body, controls. Learn the rule from Florentino v. Rivera.
NLRC vs Regular Courts: Where to File Damages Claims in Dismissal Cases
Learn when illegal dismissal damages claims belong to the NLRC labor arbiter, not regular courts, under Article 217 of the Labor Code.
COMELEC Jurisdiction Over Plebiscite Disputes: The Buac v. COMELEC Ruling
The Supreme Court clarifies that the COMELEC has jurisdiction to resolve disputes over plebiscite results, including petitions to annul or recount ballots.
Judicial Efficiency: Sanctions for Undue Delay in Rendering Decisions
A judge's failure to decide cases within 90 days is undue delay, a less serious offense under Rule 140.
Retroactivity of Remedial Laws: Clarifying the Period for Filing Certiorari Petitions
The Supreme Court clarifies when the 60-day period for filing certiorari petitions is counted, applying amended procedural rules retroactively.
Judicial Accountability Balancing Independence AND Diligence IN Case Resolution
The Supreme Court clarifies that the 60-day period for filing certiorari is counted from receipt of the denial of a motion for reconsideration.
Double Jeopardy and Modification of Criminal Penalties: Protecting the Accused
The Supreme Court rules that courts cannot increase a convicted person's penalty on the prosecution's motion, citing double jeopardy protections.
Vindication and Unlicensed Firearms: When Personal Offense Mitigates Murder
The Supreme Court clarifies how a grave personal offense can mitigate murder and how unlicensed firearms affect sentencing.