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.
When Fraud or Force Negates Consent in Rape: People v. Disipulo
The Supreme Court clarifies that consent obtained through fraud or overcome by force is not valid consent in rape cases.
Counsel Negligence and Strict Procedural Rules: PNB v. Spouses Victor
Supreme Court affirms strict 60-day period for petitions for relief, holding clients bound by counsel's negligence absent clear abandonment.
SALN Compliance Opportunity to Correct Errors Prevents Haphazard Prosecution
Supreme Court acquits public official of SALN violation, ruling that the review and compliance procedure under RA 6713 must precede prosecution.
When a Lawyer's Dual Clients Create a Conflict of Interest: Lessons from Marcelo-Salud v. Bolivar
A lawyer who represents tenants while also serving as counsel to the alleged property owner may face discipline for conflicting interests, even if the main complaint fails.
Attorney Conflicts of Interest: When Dual Representation Violates Client Loyalty
Philippine Supreme Court clarifies when a lawyer's dual representation becomes a prohibited conflict of interest under Rule 15.03 of the CPR.
Equitable Mortgage vs Pacto de Retro: Protecting Borrowers From Unfair Loan Agreements
When is a "sale with right to repurchase" really a loan? The Supreme Court explains equitable mortgage and pactum commissorium.
Agricultural Tenancy Bars Foreclosure Writ of Possession: Land Bank v. Basilan
The Supreme Court rules that agricultural tenancy is a valid third-party claim that suspends a writ of possession over foreclosed land.
Agrarian Reform vs Bank Foreclosure: Protecting Farmer Beneficiaries' Land Rights
Supreme Court voids bank foreclosure of an emancipation patent awarded under agrarian reform, reinforcing the 10-year transfer ban.
Lifting of Mining Closure Orders Revives Writ of Kalikasan Petitions
Supreme Court rules that lifting DENR closure orders revives environmental claims, keeping Writ of Kalikasan petitions alive.
Corporate Opportunity Doctrine: Directors Cannot Take Business Deals for Themselves
Supreme Court clarifies when corporate directors breach their duty of loyalty by taking business opportunities meant for the corporation.
Mutuality of Contracts and Foreclosure Rights in Philippine Loans
Philippine Supreme Court clarifies that void interest stipulations do not invalidate foreclosure when the principal debt remains unpaid.
Corporate Veil and Judgment Execution: Can a Successor Corporation Be Held Liable?
When a judgment debtor's assets pass to another corporation, can the winner enforce the judgment against the successor? The Supreme Court explains.
Dacion en Pago: How to Properly Extinguish Loan Obligations in the Philippines
Philippine Supreme Court explains how dacion en pago works, when loan obligations are extinguished, and the pitfalls lenders must avoid.
Loan Agreements and Dacion en Pago: Key Insights from a Landmark Philippine Supreme Court Ruling
The Supreme Court clarifies when a loan settlement agreement becomes a dacion en pago and what it means for borrowers and banks.
Unilateral Interest Rate Hikes When Banks Overstep Their Bounds In Loan Agreements
Philippine Supreme Court rules on void unilateral interest rate hikes by banks, mutuality of contracts, and foreclosure validity.
Writs of Possession in Extrajudicial Foreclosures: What Borrowers Should Know
Learn when courts must issue writs of possession after extrajudicial foreclosure, the limited exceptions, and the proper remedies for borrowers.
Calculating Redemption Price in Extrajudicial Foreclosures: BPI v. LCL Capital Explained
Learn how Philippine courts compute redemption prices in bank foreclosures under the General Banking Law, based on the Supreme Court's ruling in BPI v. LCL Capital.
Bank Liquidation and Bounced Checks: When Receivership Suspends Criminal Liability
The Supreme Court explains how bank receivership and liquidation affect criminal liability for bounced checks under B.P. 22.
When Bank Receivership Suspends B.P. 22 Liability: What Creditors Should Know
Philippine Supreme Court ruling on how bank receivership suspends check payment obligations and bars B.P. 22 criminal liability for bank officers.
Estoppel in Mortgage Foreclosures: Protecting Borrowers From Unfair Actions
Philippine Supreme Court ruling on co-owner rights in recovery of possession, clarifying when partition is not required before filing ejectment actions.
Capital Reduction Rules in the Philippines: What Shareholders Should Know After Metroplex v. Sinophil
The Supreme Court clarifies the requirements for reducing corporate capital stock under Section 38 of the Corporation Code, and limits SEC review.
Extinctive Novation: When a New Loan Cancels an Old Debt and Invalidates Foreclosure
Philippine Supreme Court ruling explains how extinctive novation cancels old debts and why foreclosing on extinguished obligations is premature and void.
Understanding Estafa in Property Transactions: The Importance of Clear Representations
The Supreme Court clarifies when selling an encumbered property amounts to estafa under the Revised Penal Code.
Understanding Mortgage Contract Validity: Lessons from a Philippine Supreme Court Ruling
A Supreme Court ruling clarifies when mortgage contracts are valid, how undue influence is proven, and the limits of injunctive relief in foreclosure disputes.