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 697720 of 800 articles for pleading

Service of Court Notices: Why Updating Your Attorney of Record Is Crucial

A lawyer's suspension for gross misconduct highlights why updating your attorney of record ensures proper notice and protects your rights.

Pre-Trial Orders Control Your Case: The Tiu v. Middleton Rule on Witness Exclusion

Pre-trial orders bind trial proceedings. Learn from Tiu v. Middleton why unnamed witnesses may still testify and how to protect your case.

Speedy Trial Rights in Military Courts-Martial: Inordinate Delay and Waiver Explained

Understand when delay in military court-martial cases violates speedy trial rights, and how silence can waive constitutional protection.

Lis Pendens Cancellation in the Philippines: What Property Owners Should Know

Learn when a Notice of Lis Pendens can be cancelled in the Philippines, the grounds under PD 1529, and key lessons from Yared v. Ilarde.

When Can a Judge Notarize Documents? Supreme Court Rules on Ex-Officio Notaries

The Supreme Court clarifies the limits of a judge's power to notarize documents outside official duties, ruling on unauthorized notarization.

Failure of Election Petitions in the Philippines: What the Law Requires

Failure of election is a narrow remedy under Philippine law. Learn the grounds, the limits, and how Banaga v. COMELEC clarifies the rules.

Finality of Judgment and the Limits of Post-Decision Remedies in Disbarment Cases

A disbarred lawyer's belated motion to reopen his case fails before the doctrine of finality of judgment, earning him contempt and fines.

Demurrer to Evidence Reversed on Appeal: When the Court Must Decide on the Plaintiff's Evidence

Learn the consequences when a demurrer to evidence is reversed on appeal and how judicial admissions can establish liability.

Attorneys Fees and Simulated Sales: Protecting Lawyers' Rights in the Philippines

A lawyer's right to collect contingent fees can extend to challenging simulated sales that defeat payment, as the Supreme Court ruled in Alberto v. Court of Appeals.

Finality of Judgment in Disbarment Cases: Lessons from Bihag v. Era

A disbarred lawyer's attempt to revive his case fails—what the Supreme Court's ruling means for finality of judgments and enforcement.

Concurrent Jurisdiction and Forum Shopping: Lessons from a Copyright Dispute

Philippine Supreme Court clarifies how courts of concurrent jurisdiction must defer to the court first acquiring jurisdiction to prevent forum shopping.

Amended Complaints and Officer Liability in Corporate Disputes

When can a plaintiff amend a complaint to seek new relief? When are corporate officers personally liable? The Supreme Court clarifies.

Rape Conviction and Procedural Accuracy: Lessons from People v. Magat

A father's rape conviction shows why void plea bargains, double jeopardy, and proper arraignment procedure matter in Philippine criminal law.

Lease Renewal Rights: When "Subject to Renewal" Means Mutual Agreement

Philippine Supreme Court clarifies that a lease clause "subject to renewal" does not mean automatic renewal—both parties must agree.

Voluntary Submission Cures Procedural Defects in Administrative Cases

Learn how voluntary participation in administrative proceedings can cure procedural defects, as ruled in NAPOLCOM v. Bernabe.

Attorney Negligence: Upholding a Lawyer's Duty of Diligence and Competence

A lawyer's failure to file briefs caused a client's case to be lost. The Supreme Court suspended him for one year.

Docket Fees and the Right to Amend: Balancing Access to Justice in Patent Infringement Cases

Philippine Supreme Court ruling on docket fees, amendments to complaints, and equitable access to justice in patent cases.

Speedy Disposition of Cases: Balancing Delay and Due Process in Anti-Graft Proceedings

Explaining the Castillo v. Sandiganbayan ruling on what counts as unreasonable delay in anti-graft cases and the right to speedy disposition.

Notarial Duty and Due Diligence: Attorneys Cannot Notarize Documents They Sign for Others

A lawyer who signs a verification for clients and then notarizes it violates the Notarial Law. The Supreme Court explains the limits of a notary's duties.

Summary Procedure and Motions for Reconsideration: Scope of Prohibited Pleadings Clarified

A judge may validly act on a motion for reconsideration of a dismissal order in summary procedure cases, as clarified by the Supreme Court.

Motion for Reconsideration Under Summary Procedure: The Lucas Doctrine

When can a litigant file a motion for reconsideration under summary procedure? The Supreme Court clarifies the exception for dismissal orders.

Treachery and Conspiracy in Philippine Murder Law: The Ricafranca Case on Unlicensed Firearms

The Supreme Court clarifies treachery, conspiracy, and the effect of R.A. 8294 on murder committed with unlicensed firearms.

Tourist Duty Free Shops v. Sandiganbayan: Limits of PCGG Sequestration and Litis Pendentia

The Supreme Court clarifies when litis pendentia applies and the limits of PCGG sequestration powers over corporations.

Rape Conviction Upheld Even Partial Penetration Constitutes Rape Under Philippine Law

The Supreme Court affirms a rape conviction, ruling that partial penetration—touching the labia—is enough to consummate rape.