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 72737296 of 10,686 articles

Rescission of Contract: Balancing Forfeiture Clauses With the Duty to Reimburse

Philippine Supreme Court ruling on how rescission under Article 1191 requires mutual restitution, even when forfeiture clauses exist.

Reckless Imprudence and Damages in Vehicular Homicide: Key Rules from Nueva España

The Supreme Court clarifies reckless imprudence liability, proof of damages, and employer subsidiary liability in vehicular homicide cases.

The Notary's Oath: Ensuring Document Authenticity and Preventing Legal Falsehoods

Why notarization demands personal appearance: lessons from a lawyer's suspension for notarizing a deed without the seller's presence.

Authority Matters: Why Verbal Assurances From Bank Clerks Can't Seal Property Deals in the Philippines

Philippine Supreme Court ruling on why verbal assurances from bank clerks cannot validate property transactions, and the importance of proper authority.

Road Repair Responsibility When Negligence Leads to Liability

When road diggings lack warning devices, local governments may be liable for damages. The Supreme Court clarifies the rules on negligence, moral damages, and gross negligence.

The Counter Bond Conundrum: Ensuring Fair Attachment in Philippine Courts

Philippine Supreme Court clarifies how courts should compute counter-bonds to discharge preliminary attachment, preventing excessive demands on debtors.

Reconstitution of Lost Title: Supreme Court Clarifies Rules on Proof and Sources

A look at the Supreme Court's ruling on judicial reconstitution of lost titles, clarifying the hierarchy of evidence under RA 26.

Dishonesty and Absenteeism in the Judiciary: Upholding Public Trust Through Accountability

Court personnel who collect funds without authority and abandon their posts betray public trust. The Supreme Court rules on the consequences.

Breach of Trust and Employee Dismissal: When Is It Justified in the Philippines

Philippine Supreme Court clarifies when employee dismissal for breach of trust is justified, and why procedural rules yield to substantial justice in labor cases.

Protecting Local Autonomy: The Automatic Release of Internal Revenue Allotments

The Supreme Court struck down GAA provisions placing P10 billion of IRA under unprogrammed funds, affirming automatic release.

Administrative Complaints Against Judges: When Errors Are Not Enough for Sanctions

The Supreme Court explains when a judge's errors warrant administrative sanctions, and when they do not.

Reconstitution Denied: Insufficient Evidence Fails to Restore Lost Land Title

Philippine Supreme Court denies reconstitution of lost land title due to insufficient evidence, clarifying strict requirements under RA 26.

Bail in Drug Cases: Judges Must Follow Due Process and Know the Law

Supreme Court disciplines a judge for granting bail without hearing in drug cases, stressing judicial competence and mandatory bail hearings.

Res Judicata: The Bar Against Relitigating Claims in Philippine Courts

Understand the doctrine of res judicata in Philippine courts, its requirements, and practical implications for litigants and lawyers.

Breach of Duty Accountability for Negligence in Bank Appraisal

Court personnel must avoid any act that diminishes public faith in the judiciary; misuse of office warrants dismissal.

Homeowner Rights vs Developer Authority Clarifying Subdivision Regulations in the Philippines

The Supreme Court clarifies when a homeowner's Torrens title can be subdivided, and a bank's liability for releasing a mortgaged owner's duplicate certificate.

Breach of Public Trust: Court Clerk Dismissed for Extortion and Dishonesty

A court clerk's dismissal for issuing fake subpoenas to extort money shows why public office is a public trust.

Court Dismisses Clerk of Court for Misusing Judicial Office to Harass Private Individuals

Supreme Court dismisses court clerk who used court letterhead to summon persons with no pending cases, ruling the acts constitute gross misconduct.

Property Rights vs Self-Help: Landowners Cannot Evict Holdover Tenants Without Due Process

Philippine Supreme Court ruling on accion reinvindicatoria, property identification, and the limits of self-help in land disputes.

Third-Party Complaints: When Can a Defendant Implead Another Party?

Learn when Philippine courts allow third-party complaints and why a mere business connection between transactions is not enough.

Compromise Agreements and Illegitimate Filiation: When Courts Nullify Judgments

When can a court decision be nullified? Learn from a landmark case on compromise agreements, illegitimate filiation, and extrinsic fraud.

When Redundancy Becomes Illegal Dismissal: Lessons from Lopez Sugar Corporation

The Supreme Court clarifies when a redundancy program is a valid management prerogative and when it becomes an illegal dismissal.

Untangling Land Titles, Prescription, and the Rights of Heirs in Property Disputes

A Supreme Court ruling clarifies when heirs can recover property sold without their consent, and how prescription applies to constructive trusts.

Notice of Lis Pendens: When a Contract to Sell Justifies Annotation on Title

Learn when a notice of lis pendens may be annotated on a property title, even in a contract to sell dispute, based on Romero v. Court of Appeals.