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.
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Surety Bonds and Written Principal Agreements: What the Supreme Court Says
When is a written principal agreement required before a surety bond can be enforced? The Supreme Court clarifies the rule in Cellpage v. Solid Guaranty.
Understanding Writ of Possession: Protecting Third-Party Rights in Foreclosure Cases
The Supreme Court clarifies that a writ of possession is not absolute when a third party adversely possesses foreclosed property.
When a Surety Bond Must Be Honored: Cellpage v. Solid Guaranty Explained
The Supreme Court clarifies when a surety is liable despite no written principal contract, and how bank errors affect obligations.
Navigating Contractual Boundaries When CAN A Third Party BE Bound BY A Writ OF Attachment
Understanding Writs of Preliminary Attachment, Fraud, and Mootness in Philippine Law
The Supreme Court explains when a writ of preliminary attachment based on fraud becomes moot and barred by res judicata.
Writ of Possession in Philippine Foreclosures: Finality and the Lessons from HH & Co. v. Perlas
Learn when a writ of possession becomes final and executory in Philippine foreclosures, and why courts rarely recall it, based on HH & Co. v. Perlas.
Preliminary Injunction in Municipal Boundary Disputes: What the Supreme Court Said
The Supreme Court explains when a writ of preliminary injunction may issue in municipal boundary disputes and why courts have wide discretion.
Illiteracy and Contracts: When Does a Sale Become Invalid
A Supreme Court ruling clarifies that a sale's validity depends on the parties' true intent, not just the lot number written in the deed.
Quantum Meruit and Government Contracts: Reclaiming Payment for Completed Projects
The Supreme Court allows payment for completed government projects even without a written contract, applying quantum meruit to prevent unjust enrichment.
Sheriff's Duty in Eviction: Three-Day Notice Cannot Be Skipped
Philippine Supreme Court clarifies sheriffs must give three-day notice before enforcing eviction writs, even in immediately executory cases.
When Sheriffs Evict Too Fast: The Three-Day Notice Rule in Property Cases
A sheriff who enforced a writ of execution without the required three-day notice was fined P10,000 for grave abuse of authority.
Sheriffs Must Follow Procedure in Writ Execution or Face Administrative Liability
A sheriff's duty in executing a writ is ministerial but must strictly follow procedural rules, including notice periods, or face administrative sanctions.
Sheriffs Must Give Due Notice Before Enforcing Writs of Execution
A sheriff who evicts a party without the required notice commits grave abuse of authority. Learn the rules on writ enforcement.
Motion for Reconsideration Stays Execution: Due Process in Land Disputes
A pending motion for reconsideration stays execution of judgment. The Supreme Court explains why a writ of execution cannot bind non-parties.
Compromise Agreements Bind Courts: Enforcing Terms as Written
Philippine Supreme Court ruling on compromise agreements, judicial authority, and remedies for breach in Bernardo v. Union Bank.
Writ of Possession After Foreclosure: Third-Party Claims in Philippine Mortgage Sales
Philippine Supreme Court ruling on writ of possession in mortgage foreclosures, explaining when third-party adverse claims can block eviction.
Writ OF Possession When Redemption Claims Collide With Ministerial Duty
Verbal Agreements vs Written Contracts: When a Lease or Workplace Transfer Can Be Modified
Philippine Supreme Court ruling on when verbal notices and transfer orders are invalid, protecting employee security of tenure.
Oral Agreements vs Written Contracts: When Verbal Lease Changes Hold Up in Court
Philippine Supreme Court clarifies when verbal agreements can modify written lease contracts, and when they cannot, in Modomo v. Layug.
Compromise Agreements and Foreclosure: Reasserting a Bank's Right to Possess
When borrowers default on a compromise agreement after foreclosure, a bank can secure a writ of possession as a matter of right.
Verbal Contracts and Implied Ratification: Upholding Obligations in Broiler Chick Growing Agreements
The Supreme Court rules that verbal contracts bind parties even without a written agreement, and corporations may impliedly ratify unauthorized acts.
Sheriff Dismissed for Soliciting Sexual Favors in Exchange for Duty Performance
Supreme Court dismisses sheriff who solicited sexual favors to implement a writ, underscoring ethical standards for court personnel.
Sheriffs Held Accountable for Gross Neglect in Delaying Writ Execution
When a sheriff delays executing a final judgment, public trust suffers. The Supreme Court clarifies the ministerial duty to implement writs.
When Judges Interfere with Writs of Execution: A Lesson in Judicial Conduct
A judge who stopped a sheriff from implementing a writ of execution was fined for conduct unbecoming a judicial officer.