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 108 articles for remand

Valid Consignation Demands Strict Compliance With Legal Requirements

Learn when depositing rent in a bank account is not valid consignation, and what the law requires for debt payment.

When a "Lawyer" Is Not a Lawyer: Due Process and the Right to Counsel in Criminal Cases

The Supreme Court voids a conviction where the accused was represented by a fake lawyer, stressing the absolute right to counsel.

Protecting Workers: Illegal Dismissal and the Rights of Pakyaw Employees in the Philippines

Philippine Supreme Court clarifies that pakyaw workers are regular employees entitled to security of tenure, holiday pay, and service incentive leave pay.

VAT Refund Timelines: Strict Compliance Prevails Over Prior BIR Rulings

Supreme Court clarifies mandatory 120+30 day VAT refund periods; late judicial claims fail despite BIR Ruling No. DA-489-03.

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.

Treble Costs Under Rule 65: When Courts May Penalize Frivolous Petitions

The Supreme Court clarifies that treble costs under Rule 65 are discretionary, requiring clear justification, not automatic penalties.

Counterclaims Survive Independent Adjudication After Complaint Dismissal

The Supreme Court clarifies that dismissing a complaint does not automatically kill the defendant's counterclaim, which may proceed independently.

Prescription and Laches in Deed of Sale Cases: Lessons from Sanchez v. Sanchez

When can a deed of sale be challenged in court? The Supreme Court clarifies the rules on prescription and laches in Sanchez v. Sanchez.

Secretary's Certificate as Proof of Corporate Authority in Philippine Litigation

Philippine Supreme Court clarifies when a secretary's certificate suffices to prove corporate authority to file pleadings, and the duties of plaintiffs in pre-trial.

Fair Compensation in Land Reform: Upholding Valuation Standards in Agrarian Disputes

The Supreme Court clarifies that courts must follow DAR valuation formulas in agrarian reform cases, not subjective judgments.

Party Autonomy vs Individual Rights in Party-List Internal Disputes

Supreme Court ruling on COMELEC’s authority to resolve internal party-list disputes and cancel registrations for nominee disqualification.

Breach of Public Trust: When Dismissal in Government Service Fails Due Process

A Supreme Court ruling on why a government employee's dismissal for insubordination was void for violating due process requirements.

Partial Redemption in Philippine Foreclosure: Can You Redeem Select Properties?

Philippine law allows partial redemption of foreclosed properties. Learn the rules, limits, and practical implications from a key Supreme Court ruling.

Double Jeopardy in Philippine Courts: When a Case Dismissal Is Not Final

Explaining the Supreme Court's ruling in Cerezo v. People on double jeopardy, valid case dismissals, and when courts may reopen criminal cases.

Limits of DARAB Jurisdiction: Certiorari Power and Agrarian Dispute Resolution

Supreme Court clarifies DARAB jurisdiction limits, certiorari power, and the finality of agrarian dispute decisions in just compensation cases.

When Modified Judgments Can Be Appealed: Protecting Litigants' Rights

Learn when a modified Court of Appeals decision is appealable to the Supreme Court and how litigants' rights are protected in civil procedure.

Custody Rights and the Child's Welfare: Reassessing Habeas Corpus in Family Disputes

The Supreme Court clarifies that habeas corpus in child custody cases aims to determine rightful custody, not just produce the child.

Habeas Corpus for Child Custody: What the Supreme Court Requires

The Supreme Court clarifies when habeas corpus applies to child custody disputes and why courts must hold a trial, not just produce the child.

Gender Equality in Retirement: Challenging Discriminatory Collective Bargaining Agreements

When can a flight attendant challenge a discriminatory retirement age in court? The Supreme Court clarifies jurisdiction over CBA provisions.

Exhaustion of Administrative Remedies in CLOA Cancellation Cases: A Property Law Primer

Learn why a landowner's direct appeal to the Court of Appeals failed in a CLOA cancellation case, and the importance of exhausting administrative remedies.

RTC Has Exclusive Jurisdiction Over Libel Cases, Even for Public Officers

The Supreme Court clarifies that Regional Trial Courts exclusively handle libel cases, regardless of whether the accused is a public officer.

Co-Ownership and Property Recovery: When Must All Owners Join a Lawsuit

Philippine Supreme Court clarifies when co-owners must be impleaded in property recovery suits under Article 487 of the Civil Code.

Fair Valuation in Agrarian Reform: Just Compensation Under R.A. 6657

The Supreme Court clarifies that just compensation for lands acquired under P.D. 27 must follow R.A. 6657 and DAR regulations, not outdated formulas.

Estafa by False Pretenses: Proving Fraud Beyond Reasonable Doubt in the Philippines

Learn how Philippine courts prove estafa by false pretenses, using the Rizza Lao case to explain the elements, burden of proof, and penalties.