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 2,127 articles for writ

Regular vs. Fixed-Term Employment: Security of Tenure Under Philippine Labor Law

The Supreme Court clarifies when fixed-term employment is valid and when it violates a worker's security of tenure under Philippine labor law.

Attorneys Fees THE Right TO Claim After Final Judgment

A lawyer can claim attorney's fees even after final judgment. The Supreme Court explains when and how.

Venue Stipulations and Contract Validity: When a Forgery Claim Overrides an Exclusive Venue Clause

The Supreme Court rules that a complaint assailing a contract's validity—like forgery—is not bound by its exclusive venue stipulation.

Defamation and Privileged Communication: Protecting Reputation in the Philippines

Philippine Supreme Court clarifies libel, privileged communication, and damages in Almendras v. Almendras, balancing free speech with reputation protection.

Mandamus and Property Rights: Court Orders for Possession Have Limits

Philippine Supreme Court ruling on why a writ of possession cannot be issued in a mandamus case, and the proper remedy for winning bidders.

Reconstitution of Torrens Titles: Strict Compliance and the Hierarchy of Courts

A petition to reconstitute a lost Torrens title must strictly follow RA 26; wrong remedy and forum doom the case.

Sheriffs Must Follow Court Rules: Impartiality and Decorum in Serving Writs

A sheriff's failure to file timely returns and reliance on a party's computation led to suspension, underscoring judicial integrity.

Sheriffs Must Strictly Follow Execution Procedures or Face Administrative Liability

Philippine Supreme Court reminds sheriffs to strictly follow execution rules, compute amounts themselves, and file timely returns.

Counsel's Negligence and Due Process: When Can a Client Reopen a Case

When a lawyer's mistake hurts a client's case, can the case be reopened? The Supreme Court explains the limits of due process and counsel negligence.

When Apology and Self-Incrimination Collide: Defining Willful Disobedience in Labor Disputes

The Supreme Court clarifies when an employee's refusal to apologize is not willful disobedience justifying dismissal under the Labor Code.

Sheriffs' Duty to Enforce Writs Promptly: A Lesson in Administrative Liability

When a sheriff repeatedly fails to implement a writ of execution, the Court steps in. Learn the rules on sheriffs' duties and penalties for neglect.

Retaliatory Dismissal: Protecting Employees Who Assert Their Rights

The Supreme Court affirms that firing workers for filing labor complaints violates security of tenure and constitutes illegal dismissal.

Donor's Tax on Share Sales: Fair Market Value and Donative Intent

Supreme Court rules on donor's tax for share sales below book value, fair market value determination, and CTA jurisdiction.

Co-Ownership and Land Sales: When Selling a Definite Portion Is Invalid

A co-owner cannot sell a definite portion of undivided land without all co-owners' consent. Learn the rules from Cabrera v. Ysaac.

Upholding Client Trust Attorney Suspended For Conflicting Representation

A lawyer who represents a client against an existing retainer client of his law firm violates Rule 15.03, even without using confidential information.

Final Judgments in Lawyer Discipline: Why They Cannot Be Reopened

The Supreme Court denies a disbarred lawyer's bid to reopen his case, reaffirming the doctrine of finality of judgment.

Online Psychological Abuse and Higher Penalties: Demaala v. Sandiganbayan

The Supreme Court clarifies when Facebook posts constitute psychological abuse under RA 9262 and why using ICT raises the penalty.

Election Controversies Determining Jurisdiction In Proxy Validation Disputes

When a proxy dispute affects director elections, regular courts—not the SEC—have jurisdiction. Learn the rule from this case.

When a Corporate Club Member Changes Nominees: Who Pays the Membership Fee?

Supreme Court ruling on whether a golf club can charge new membership fees when a corporate member replaces its designated nominees.

Unjust Enrichment When A Failed Contract Requires Restitution

When a promised subcontract falls through, can the money paid be recovered? The Supreme Court explains unjust enrichment and restitution.

Co-Ownership and Good Faith: Understanding Property Rights in the Philippines

A Supreme Court ruling clarifies that a co-owner can only sell their own share, and buyers must verify ownership of unregistered land.

Surety Bonds and Execution Pending Appeal: What Lawyers Should Know

A Supreme Court ruling clarifies when execution pending appeal may run against a surety and how far the bond covers damages.

Loan vs Donation: Proving Intent in Property Disputes

Philippine Supreme Court clarifies when payments for another's property are loans, not donations, and the formal requirements for valid donations.

Credit Card Suspension: When Banks Must Answer for Negligence and Damages

Philippine Supreme Court ruling on credit card suspension, bank negligence, and cardholder rights to moral and exemplary damages.