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 1,980 articles for writ

Judicial Immunity: Administrative Complaints Cannot Substitute Judicial Remedies

Administrative complaints cannot substitute judicial remedies against judges. Learn from a recent Supreme Court ruling on judicial immunity.

Lease Improvements and Builder in Good Faith: What Philippine Lessees Must Know

Philippine Supreme Court clarifies who owns lease improvements and why "builder in good faith" rarely applies to lessees.

When Can a Writ of Possession Be Challenged? Property Rights Explained

A recent Supreme Court ruling clarifies when buyers of condominium units or parking slots can challenge a writ of possession issued after foreclosure.

Enforced Disappearance and the Writ of Amparo: What the Tayo Ruling Means

The Supreme Court reaffirms the Writ of Amparo as a remedy for enforced disappearance, holding police accountable for failing to investigate.

Safeguarding Justice: The Judiciary Marshals Act and Its Implementing Rules

The Supreme Court approved the IRR of the Judiciary Marshals Act, creating an armed unit to protect judges and secure the courts.

Usufruct vs. Co-Ownership: When a Usufructuary Can Eject a Co-Owner

The Supreme Court clarifies that a usufructuary can eject a co-owner during the usufruct period, protecting family property arrangements.

Marital Infidelity and Psychological Violence: Understanding RA 9262

The Supreme Court clarifies when marital infidelity becomes psychological violence under RA 9262, and whether a psychological report is required for conviction.

Foreclosure Suit as Sufficient Demand: Goldland Tower Ruling Explained

The Supreme Court clarifies when filing a foreclosure lawsuit itself serves as the legal demand required to put a debtor in default under Philippine law.

Sheriff's Duty of Care: When Neglect in Execution Leads to Dismissal

A sheriff's deviation from Rule 39 execution procedure constitutes simple neglect of duty, warranting dismissal when aggravated by prior offenses.

Sheriff’s Abuse of Authority: Protecting Your Property Rights in the Philippines

Learn the limits of a sheriff’s authority under Rule 39 and how the Supreme Court protects property rights in Ignacio v. Balading.

Election Gun Ban and Retroactivity: The Bargado Case Explained

Can a postponed election erase a gun ban violation? The Supreme Court's Bargado ruling explains retroactivity in Philippine election law.

Premarital Pregnancy and Employee Rights: Illegal Suspension in the Philippines

Supreme Court rules suspending a teacher for premarital pregnancy is illegal; secular morality governs employment discipline in the Philippines.

When Can a Judge Be Disciplined for Rulings in a Criminal Case? Lessons from Bloomberry v. Luna

A look at when judges face discipline for trial rulings, witness disqualification, and courtroom conduct, citing the Supreme Court's 2024 ruling.

Foreclosure Prescription: When Does a Bank's Right to Foreclose Expire?

Philippine Supreme Court clarifies that extrajudicial foreclosure filings do not stop the 10-year prescription period for mortgage actions under Article 1142.

Attorney Misconduct: Handling Client Funds and Accountability in the Philippines

Learn how Philippine lawyers must account for client funds and return unused amounts, based on Supreme Court rulings on attorney discipline.

Serious Misconduct and Employee Dismissal in the Philippines: What Employers Must Prove

Philippine law requires wrongful intent, not just a mistake, to dismiss an employee for serious misconduct. Learn what employers must prove.

Enforced Disappearance Safeguarding Rights Under THE Writ Of Amparo In The Philippines

The Supreme Court clarifies the scope and remedies under the writ of amparo, reinforcing protections against enforced disappearances.

Preliminary Injunction vs Full Trial: Protecting Property Rights in the Philippines

The Supreme Court clarifies that a preliminary injunction hearing is not a substitute for a full trial on the merits in property disputes.

Speedy Trial Rights When Prolonged Detention Justifies A Writ Of Habeas Corpus IN THE Philippines

Philippine Supreme Court explains when prolonged detention violates speedy trial rights and justifies a writ of habeas corpus.

Misclassified Employee or Domestic Worker? Key Lessons from Gaspar v. M.I.Y. Real Estate

The Supreme Court clarifies when a worker is a regular employee versus a domestic worker under Philippine law.

Probationary Employment in the Philippines: Understanding Regularization Standards

The Supreme Court clarifies when probationary employees may be validly terminated for failing to meet regularization standards under Philippine law.

Protecting Employee Rights: How Forced Resignation Leads to Constructive Dismissal

The Supreme Court clarifies when forced resignation amounts to constructive dismissal, protecting employees from hostile work environments and coercive employer conduct.

Presidential Power vs Individual Rights: Amnesty Revocation in the Philippines

The Supreme Court rules on amnesty revocation, due process, and the limits of presidential power in the Trillanes cases.

Large Scale Illegal Recruitment in the Philippines: Economic Sabotage Explained

The Supreme Court affirms life imprisonment for large scale illegal recruitment, an offense involving economic sabotage under Philippine law.