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 769792 of 1,183 articles for let

Who Is in Delay in Reciprocal Obligations? Philippine Contract of Sale Disputes

Philippine Supreme Court clarifies when delay begins in reciprocal obligations under a contract of sale, and why mutual default cancels out.

When Fear Is Not Enough: Unlawful Aggression in Philippine Self-Defense Cases

Philippine law requires actual unlawful aggression for self-defense claims. Learn what counts and what does not under the Revised Penal Code.

Gross Negligence of Counsel Can Justify New Trial in Criminal Cases

When a lawyer's gross negligence deprives an accused of due process, courts may reopen the case for a fair trial.

Exhaustion of Administrative Remedies: Why You Must First Navigate Government Channels

Philippine Supreme Court ruling explains why bidders must exhaust administrative remedies under R.A. 9184 before going to court.

Disqualification and Succession in Local Elections: The Sinsuat Case

Explaining the Supreme Court ruling on disqualification of winning candidates, ballot appreciation, and succession rules in Philippine local elections.

Stare Decisis in Philippine Courts: How Prior Rulings Bind Future Cases

The Supreme Court applies stare decisis to bar relitigation of the Pepsi The decision demonstrates how prior rulings on the same controversy can bar subsequent claims and promote consistency in the ad

When Government Salaries Can Be Withheld: The Santiago COA Ruling

The Supreme Court clarifies when COA may withhold a government employee's salary for an alleged cash shortage, and when it cannot apply the withheld amounts.

Demand NOT Always Needed When Philippine Banks CAN Foreclose Without Prior Notice

Philippine Supreme Court clarifies when banks may foreclose without prior demand, and limits on preliminary injunctions against foreclosure.

Unconscionable Interest Rates When Courts Intervene in Surety Bond Disputes

Philippine courts can reduce stipulated interest rates that balloon beyond the principal debt. Learn the rule from a 2006 surety bond case.

Regular Employment Status: When a Probationary Employee Becomes Regular

Understand when a probationary employee becomes regular under Philippine law, based on the Supreme Court's ruling in Dusit Hotel Nikko v. Gatbonton.

Exhausting Administrative Remedies with the COA: A Prerequisite for Money Claims Against Government Agencies

Philippine Supreme Court ruling clarifies that money claims against government agencies must first be filed with the COA before going to court.

Attorney's Fees in Estate Settlement: When Can Lawyers Directly Claim From the Estate?

Learn when lawyers may directly claim attorney's fees from an estate in the Philippines, based on Supreme Court rulings and estate settlement rules.

Malversation of Public Funds in the Philippines: When Reimbursement Does Not Erase Liability

Failure to liquidate public funds can lead to malversation conviction even if the amount is later reimbursed. Learn the rules and key lessons from a Supreme Court case.

Possession vs. Paper Title: When Long-Term Possession Trumps a Certificate of Title

The Supreme Court explains when decades of open, exclusive possession can defeat a registered title in Philippine property disputes.

Fatal Flaws in Philippine Wills: Why Proper Attestation and Acknowledgment Are Non-Negotiable

Learn why the Supreme Court denied probate of a notarial will with three fatal defects under the Civil Code's formal requirements for wills.

Navigating Philippine Warrants of Arrest: When Can a Court Act on Your Motion

Philippine Supreme Court clarifies when courts can act on motions to quash warrants of arrest, distinguishing custody of law from jurisdiction over the person.

Attorney Accountability Understanding Lawyer Negligence AND Upholding Client Trust IN THE Philippines

Philippine Supreme Court suspends lawyer for gross negligence, explaining counsel's duties of fidelity, diligence, and proper withdrawal under the Code of Professional Responsibility.

Demurrage in Philippine Shipping: Consignee Duties and Avoiding Penalties

Philippine law holds consignees liable for demurrage when cargo is not claimed promptly. Learn the rules and practical steps to avoid penalties.

Overt Acts and Intent: Understanding Attempted Rape Convictions in the Philippines

The Supreme Court explains when acts amount to attempted rape and when they only constitute light coercion.

Voluntary Inhibition of Judges in the Philippines: Impartiality and Public Trust

How Philippine courts handle voluntary inhibition of judges, ensuring impartiality and public trust in the judiciary, with practical guidance.

Perfecting a Contract to Sell: Why Payment Terms Matter in Philippine Real Estate Law

Philippine Supreme Court ruling explains why agreeing on price alone does not perfect a contract to sell real property—payment terms are essential.

Contractor’s Liens and Privity of Contract: Lessons from Jan-Dec Construction v. FTI

A contractor’s lien under Article 2242 has limits—privity of contract and the right remedy matter. Learn from Jan-Dec Construction v. FTI.

Equitable Mortgage vs Pacto de Retro Sale: Philippine Real Estate Security Rules

Philippine Supreme Court clarifies when a deed of sale with right to repurchase is actually an equitable mortgage, protecting borrowers from losing property.

Transferee Recruitment Agency Liability and OFW Claims: The Grand Placement Case

Explaining when a transferee recruitment agency assumes liability for OFW claims, and why evidence still matters in monetary disputes.