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 105 articles for demand letters

Breach of Trust Estafa Conviction Affirmed in Jewelry Consignment Case

Supreme Court affirms estafa conviction for consignee who sold jewelry on credit and failed to remit proceeds or return items.

Breach of Contract vs Loan Obligations: Independent Liabilities in Philippine Law

Philippine Supreme Court clarifies that a debtor's separate contract breach does not extinguish loan obligations to a creditor.

Tenancy Rights vs Ejectment: Landowner Obligations in Philippine Property Law

Understand the 2013 Mirallosa ruling on unlawful detainer, landowner rights, and good faith builders in Philippine property disputes.

Contractual Obligations Upholding Written Agreements in Property Sales

Supreme Court ruling on unlawful detainer, unconstitutional decrees, and good faith in property possession disputes.

Burden of Proof in Loan Obligations: Notice of Loss in Chattel Mortgage Agreements

When a mortgaged vehicle is stolen, borrowers must prove they notified the bank. Learn the burden of proof rules from a Supreme Court ruling.

Balancing Zealous Advocacy AND Honest Conduct Limits TO Protecting Client Interests

A lawyer’s duty to protect a client has limits: the Supreme Court reprimands counsel for using false statements in demand letters.

Rescission Rights When Developers Fail to Deliver on Property Sales

Buyers who fully paid for a lot can rescind the contract and recover the property's market value when the developer fails to deliver title.

Credit Card Obligations Without Signed Agreements: When Interest Rates Bind

Supreme Court rules on credit card debt when no signed agreement exists, and when interest charges may be unenforceable.

Determining the Reckoning Point for Unlawful Detainer Actions: The Significance of the Final Demand to Vacate

Philippine Supreme Court clarifies that the one-year period for unlawful detainer is counted from the last demand to vacate, not lease expiration.

Proving Actual Damages: The Standard for Compensation in Philippine Contract Law

Philippine Supreme Court clarifies the strict standard for proving actual damages in contract disputes, requiring clear and convincing documentary evidence.

Reimbursement Rights When a Payor Can Recover Debt Paid on Another's Behalf

When can a co-maker recover payment made on a debtor's loan? The Supreme Court explains Article 1236 reimbursement rules.

When a Demand Letter Does Not Create a Cause of Action: Lessons from Ilusorio

Philippine Supreme Court clarifies when a creditor's demand letter constitutes harassment or simply an exercise of contractual rights.

Tolerance Ends Unlawful Detainer Actions and Property Rights in the Philippines

Philippine Supreme Court clarifies when tolerated possession becomes unlawful detainer, and how property owners can recover possession.

Mortgagor's Stipulated Right to Notice Prevails in Foreclosure Proceedings

Supreme Court rules banks must honor contractual stipulations requiring personal notice to mortgagors before extrajudicial foreclosure, or risk nullifying the sale.

Homeowners Association Disputes: HLURB Jurisdiction and Mandatory Arbitration

When do homeowners association disputes go to HLURB instead of courts? The Supreme Court clarifies jurisdiction and arbitration rules.

Membership Termination in Non-Stock Corporations: Safeguarding Property Rights

The Calatagan Golf Club case clarifies that non-stock corporations must strictly follow their own by-laws before terminating membership or selling shares.

When a Club Can’t Sell Your Share: Valley Golf and Membership Termination

A non-stock club cannot seize a fully-paid member’s share for unpaid dues without proper notice and hearing. Learn the rule.

When Can a Club Seize a Member's Share? The Valley Golf Case on By-Laws and Property Rights

A club cannot seize a fully paid membership share for unpaid dues without proper notice and hearing, says the Supreme Court.

Probable Cause vs Prosecutorial Discretion: The Metrobank v. Gonzales Ruling on Trust Receipt Estafa

The Supreme Court clarifies the limits of the Secretary of Justice's power to reverse probable cause findings in trust receipt estafa cases.

Judicial Misconduct and Substantial Evidence in Administrative Cases

A judge was suspended for soliciting P100,000 to fix cases. The Supreme Court explains the substantial evidence standard in administrative cases.

Guarantor's Defense of Excussion: What the Supreme Court Requires

Explaining the benefit of excussion for guarantors under Philippine law, based on the Supreme Court's ruling in Bitanga v. Pyramid Construction.

Extrajudicial Lease Termination: When a Demand Letter Suffices to End a Lease

Philippine Supreme Court ruling on when a lessor's demand letter validly terminates a lease and allows extrajudicial repossession.

Extrajudicial Termination Clauses in Lease Agreements: What the Supreme Court Says

The Supreme Court clarifies when a lessor may validly terminate a lease and repossess property without court action under Philippine law.

Breach of Trust in Employment: When a Demand Letter Leads to Dismissal

A managerial employee's demand letter against her employer can justify dismissal for breach of trust under Philippine labor law.