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.
Voiding Land Sales Under Free Patent: The Five-Year Restriction on Alienation
When can a sale of free patent land be void? The Supreme Court explains the five-year ban and its consequences.
Simulated Contracts: When a Deed of Sale Isn't Really a Sale
Philippine Supreme Court explains when a deed of sale is absolutely simulated and void, using Tanchuling v. Cantela as a guide.
Limits of a General Power of Attorney Authority to Sell Real Property in the Philippines
Philippine Supreme Court clarifies that a general power of attorney does not authorize an agent to sell real property without a special power of attorney.
Protecting Public Land: The Nullity of Sales Within the Five-Year Prohibitory Period
A sale of free patent land within five years is void ab initio, imprescriptible, and cannot be cured by laches.
Mortgage Nullification and Condominium Buyer Protection: Balancing Rights and Obligations
Supreme Court clarifies that a condominium buyer can nullify a mortgage only insofar as it affects their unit, not the entire mortgage.
Suspension of Arraignment, DOJ Review, and the Right to Speedy Trial in Copyright Cases
Explaining when courts may suspend arraignment pending DOJ review and how delay affects the right to speedy trial in copyright infringement cases.
Psychological Incapacity Under Article 36: When Falling Out of Love Is Not Enough
The Supreme Court clarifies the distinction between questions of fact and law in Article 36 nullity cases, and what evidence proves psychological incapacity.
Marital Rape Upholding A Wifes Bodily Autonomy AND Rejecting THE Implied Consent Theory
The Supreme Court affirms that marriage does not imply consent to sexual relations, upholding a wife's bodily autonomy and rejecting the implied consent theory.
Annulment of Judgment vs. Affidavit of Reappearance: Fraudulent Presumptive Death Declarations
When a presumptive death declaration is obtained by fraud, the Supreme Court clarifies why annulment of judgment—not an affidavit of reappearance—is the proper remedy.
Lost Notice Lasting Consequences Attorneys Neglect AND THE Unauthorized Practice OF LAW
A lawyer's "I didn't receive the notice" excuse fails when neglect costs a client due process. Learn the ethical duties at stake.
Res Judicata Bars Repeated Litigation Over Same Land Ownership
Philippine Supreme Court ruling explains how res judicata prevents endless litigation over the same property and title.
Motion for Reconsideration Before Certiorari: The Novateknika Rule
Philippine courts require a motion for reconsideration before filing certiorari. Learn the rule, its exceptions, and why it matters.
Unlocking VAT Refunds: The Transitional Input Tax Credit Principle in Philippine Law
Philippine Supreme Court clarifies that prior tax payment is not required to claim the 8% transitional input tax credit under the NIRC.
Substantial Justice Prevails When Philippine Courts Forgive Minor Procedural Lapses
Philippine courts prioritize substantial justice over procedural technicalities, but only for parties who followed the rules. Learn when lapses are forgiven.
Bigamy in the Philippines: When a Second Marriage Is Void From the Start
Philippine law voids any second marriage contracted while a prior civil marriage subsists. Learn the rules, limits of Muslim divorce, and who may sue.
Docket Fees and Jurisdiction: The David Lu Case on Actions Incapable of Pecuniary Estimation
Learn how the Supreme Court's David Lu ruling clarifies docket fees and jurisdiction for actions incapable of pecuniary estimation in Philippine courts.
Bigamy and Nullity: When a Void Marriage Declaration Does Not Erase Criminal Liability
The Supreme Court clarifies that a belated judicial declaration of nullity of a first marriage does not automatically defeat a bigamy charge under Philippine law.
Annulment and Parricide: The Prejudicial Question Rule Explained
When a marriage annulment case can—and cannot—suspend a criminal case for parricide under Philippine law.
Vitiated Consent and Simulated Sales: Understanding Contract Nullity in Philippine Law
The Supreme Court explains when fraud vitiates consent and simulated prices void sales, using a family land dispute as a guide.
Accretion Rights and Innocent Purchasers: Resolving Land Ownership Disputes in the Philippines
Philippine Supreme Court ruling on accretion rights, reconveyance actions, and the protection of innocent purchasers for value in land disputes.
Psychological Incapacity Reassessing Marital Nullity Under Article 36 of the Family Code
The Supreme Court clarifies that psychological incapacity under Article 36 need not fit rigid molds, urging a case-by-case, totality-of-circumstances approach.
Real Action vs Annulment: How Courts Determine Proper Docket Fees in Property Disputes
Philippine Supreme Court clarifies when an annulment of sale case is a real action requiring higher docket fees based on property value.
Void Marriage: Falsifying Cohabitation to Bypass Marriage License Requirements
Supreme Court rules a false affidavit of five-year cohabitation cannot replace a marriage license, making the marriage void.
Elections Held Despite a TRO Are Not Automatically Void: Supreme Court Clarifies
The Supreme Court explains when an election held in defiance of a temporary restraining order may be annulled, and when it may stand.