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 113 articles for guarantees

Speedy Disposition Rights: Balancing Institutional Delays and Fair Trial Guarantees

The Supreme Court clarifies when inordinate delay in preliminary investigation violates the constitutional right to speedy disposition of cases.

Custodial Investigation and Confessions in Qualified Theft: People v. Cabanada

When does a police interview become custodial investigation? People v. Cabanada clarifies Miranda rights and confession admissibility in theft cases.

Proving Fault in Pre-Employment Medical Exams: The St. Martin Polyclinic Case

A clinic cleared a worker as fit, but he tested positive for hepatitis C abroad. The Court explains when negligence can—and cannot—be presumed.

Defective Information Reduces Direct Assault Conviction to Homicide

A missing element in the information reduced a direct assault conviction to homicide, underscoring the constitutional right to be informed of charges.

Negotiable Instruments and the Presumption of Delivery: Protecting Payees’ Rights

The Supreme Court clarifies that dismissal for lack of cause of action requires trial, and that delivery of negotiable instruments is presumed under Section 16 of the NIL.

Construction Contracts Default Rules and Unjust Enrichment in Equipment Leases

Philippine Supreme Court clarifies default rules on minimum contract amounts, quantum meruit, and unjust enrichment in construction equipment lease disputes.

Breach of Contract and Surety Bonds: When Extensions Don't Discharge a Surety

A contractor's failure to complete works on time triggers liability for breach and its surety's bond, even when extensions are granted.

Revocation and Renewal: Understanding Surety Obligations in Philippine Banking

When a continuing surety expires or is revoked, a bank cannot hold the surety liable for loans made after that point.

Continuing Suretyship in the Philippines: Liability for Future Debts Explained

Learn how the Supreme Court upheld a surety's liability for future debts under a Continuing Suretyship, and when courts may reduce attorney's fees.

Safeguarding Independence: Presidential Disciplinary Power Over Deputy Ombudsman Declared Unconstitutional

The Supreme Court strikes down Section 8(2) of RA 6770, affirming the Ombudsman's constitutionally guaranteed independence from presidential disciplinary control.

Personal Guarantees and Piercing the Corporate Veil: Lessons from Crisologo v. People

When corporate officers sign personal guarantees, they may face personal liability. The Supreme Court clarifies the limits in Crisologo v. People.

Substantial Evidence in Administrative Cases: Why Photocopies and Hearsay Don't Suffice

Learn how Philippine courts treat photocopies and hearsay in administrative cases, and why substantial evidence remains the standard.

Conditional Certifications vs Bank Guarantees: When a Bank Is Not Liable

Supreme Court clarifies when a bank's conditional certification of a credit line application does not constitute a binding bank guarantee.

Sufficiency of Information in Criminal Cases: Ensuring Fair Notice to the Accused

How Philippine courts test whether a criminal Information sufficiently informs the accused of the charge, with lessons from a drug case.

Bank Not Liable for Employee's Promise to Seller: Relativity of Contracts in Loan Proceeds Release

Supreme Court rules bank not subsidiarily liable for employee's alleged promise to pay seller directly from loan proceeds, citing relativity of contracts.

Beyond Morality: LGBT Rights and Party-List Accreditation in the Philippines

The Supreme Court ruled that moral disapproval alone cannot bar LGBT groups from party-list accreditation, affirming equal protection and secular governance.

Work-Related Stress and Compensability of Peptic Ulcer Under Philippine Law

Explains GSIS v. Raoet, where the Supreme Court ruled peptic ulcer is compensable when work involves prolonged emotional or physical stress.

Warrantless Arrests When POT Sessions Justify Immediate Police Action IN THE Philippines

When can police act without a warrant? Philippine law and jurisprudence define the limits of warrantless arrests.

Crossed Checks and Collecting Banks: Who Bears the Loss for Wrong Endorsement?

Learn when a collecting bank is liable for depositing a crossed check into the wrong account, and the duty to verify endorsements.

Bouncing Checks and Hearsay: BP 22 Conviction Upheld Despite Evidentiary Challenges

The Supreme Court explains when hearsay testimony may be admitted in a Bouncing Checks case, and why a BP 22 conviction can stand.

Ombudsman's Discretion to Prosecute Public Officials: Galario v. Ombudsman

When can the Ombudsman charge a different offense than what was complained of? The Supreme Court explains in Galario v. Ombudsman.

Joint vs Solidary Obligations: What the Supreme Court Says About Liability in Contracts

A Supreme Court ruling clarifies when multiple debtors are only jointly liable, not solidarily liable, under Philippine contract law.

Confessions Under Duress: Safeguarding Rights in Custodial Investigations

The Supreme Court nullifies an illiterate suspect's confession obtained without proper Miranda warnings, reinforcing constitutional safeguards in custodial investigations.

Bail Rights in the Philippines: Understanding When and How They Can Be Restricted

Philippine law guarantees bail as a matter of right for most offenses. A Supreme Court ruling explains when courts may restrict it.