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 721744 of 800 articles for pleading

No Work, No Pay: Defying a Lawful Transfer Order Justifies Wage Denial

Employees who defy a lawful transfer order cannot claim wages under the "no work, no pay" principle, as the Supreme Court ruled in AKELCO v. NLRC.

Ejectment vs. Ownership: Why Forcible Entry Cases Can Proceed Despite Ownership Disputes

Philippine Supreme Court clarifies that forcible entry cases proceed independently of ownership disputes; RTC erred in dismissing ejectment appeal.

Due Process in Elections: When COMELEC Cannot Invalidate Votes

The Supreme Court nullified COMELEC's cancellation of a candidate's nickname votes for lack of notice and hearing, reaffirming due process in election cases.

Filing Fees in Philippine Election Protests: Jurisdictional Rules and Timelines

Philippine election protest filing fees are jurisdictional. Late payment does not cure defects. Learn the rules and deadlines.

Reconstitution of Burned Court Records: When Late Filing Is Not Fatal

Supreme Court clarifies that failure to file for reconstitution of burned court records within six months does not automatically bar the remedy.

Treachery as a Qualifying Circumstance in Murder: Lessons from People v. Pinca

Learn how Philippine courts determine treachery in murder cases and why the death penalty requires proof of qualifying circumstances.

Palpable Mistakes in Stipulations: Correcting Factual Errors in Philippine Courts

Philippine courts may correct factual errors in stipulations when made through palpable mistake, as shown in Atlas Consolidated Mining v. CIR.

Dismissed on a Technicality: The Strict Rule on Certification Against Forum Shopping in Philippine Courts

Philippine courts strictly require a certification against forum shopping in every initiatory pleading. Learn why late compliance can get a case dismissed.

Suing a Deceased Person in the Philippines: Estate Claims and Legal Personality Rules

Can you sue a deceased person's estate in the Philippines? Learn the legal personality rules and proper probate procedure for collecting debts from an estate.

Navigating Philippine Election Disputes Understanding Comelec AND Hret Jurisdiction

A clear guide to the division of authority between the Commission on Elections and the House of Representatives Electoral Tribunal in election contests.

Hlurb Jurisdiction Prevails Ensuring THE Right Forum FOR Land Dispute Resolution IN THE Philippines

Learn how the Supreme Court clarified expropriation rules under the 1997 Rules of Civil Procedure, including writ of possession and just compensation requirements.

Truth and Honesty in Legal Practice: Why Misleading the Court Can Lead to Suspension

A lawyer's false statement in a motion for postponement led to a six-month suspension. Learn the ethical rules on candor.

Attorney Negligence in the Philippines: A Lawyer's Duty of Diligence and the Consequences of Abandoning a Clie

When can a lawyer abandon a client? The Supreme Court explains the duty of diligence and the penalty for neglect in Aromin v. Boncavil.

Strict Deadlines in Ejectment Cases: Why Missing the Answer Deadline Can Cost You Your Property in the Philipp

Learn how missing answer deadlines in ejectment cases can cost you your property, and understand the due process protections that may still apply.

Partnership Dissolution and Receivership: Protecting Assets in Business Disputes Under Philippine Law

Philippine Supreme Court explains when receivership is proper after partnership dissolution, and why due process requires hearing all affected parties.

Election Disqualification: Why Strong Evidence Is Crucial to Unseat a Winner

A dismissed disqualification case shows why clear, credible evidence is vital when challenging an election winner under Philippine law.

Retroactive Application of Laws: How Courts Ensure Fair Justice When Laws Change

Philippine courts apply laws prospectively, but exceptions exist. This article explains retroactivity principles through a 1999 rape case.

When Can an Appellate Court Remand an Ejectment Case? Key Rules

Explains when RTCs may remand ejectment appeals for further evidence, and when remand is improper under Section 21(d).

Missed Deadlines Dismissed Justice Understanding Motions FOR Reconsideration IN Philippine Labor Cases

Philippine Supreme Court ruling on NLRC rules: supplemental motions for reconsideration filed beyond 10 days are barred.

Beyond Kicking: Understanding Conspiracy in Philippine Murder Cases

The Supreme Court acquits a man who kicked a murder victim, explaining when mere presence or minor acts do not prove conspiracy.

Philippine Energy Disputes: DOE vs ERB Jurisdiction Over Power Connections

The Supreme Court clarifies which agency—DOE or ERB—has jurisdiction over disputes involving direct power supply and disconnection in the Philippines.

RTC vs. MTC Jurisdiction: Filing Property Partition and Deed Annulment Cases

Learn when property partition and deed annulment cases belong in the RTC or MTC, based on Russell v. Vestil.

Improvident Guilty Plea in Capital Offenses: When a Conviction Still Stands

A flawed guilty plea in a capital case doesn't automatically void a conviction if prosecution evidence independently proves guilt beyond reasonable doubt.

When a Confirmed Flight Doesn't Extend Ticket Validity: Cervantes v. PAL

Learn from Cervantes v. PAL: confirming a flight does not extend a ticket's validity, and agents cannot bind the airline beyond their authority.