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 817840 of 2,165 articles for writ

Cultivation vs Tenancy: Consent and Harvest Sharing in Agricultural Land Redemption

Philippine Supreme Court clarifies that mere cultivation does not create tenancy; landowner consent and harvest sharing must be proven for redemption rights.

Tenant Rights Under Scrutiny: Consent and Proof in Agricultural Land Disputes

The Supreme Court clarifies that occupation and cultivation alone do not create a tenancy relationship, requiring proof of landowner consent and harvest sharing.

When Checks Prove a Loan: The Supreme Court Ruling on Evidence of Indebtedness

The Supreme Court clarifies when checks alone establish a loan obligation and shift the burden of proof to the debtor under Philippine law.

Equitable Mortgage Ruling Reasserts Mortgagor Rights in Property Disputes

Supreme Court clarifies that in equitable mortgages, reconveyance to the mortgagor is the principal remedy—not payment of fair market value.

Why Torrens Titles Are Indefeasible: Collateral Attacks and Good Faith Buyers

Philippine law protects Torrens titles from collateral attack. Learn the rules on direct challenges, indispensable parties, and good faith buyers.

Tax Exemption vs Assessment: Understanding Payment Under Protest in Real Property Tax Disputes

Philippine Supreme Court clarifies that claiming tax exemption does not excuse payment under protest before appealing a real property tax assessment.

Attorney's Negligence Leads to Suspension: Upholding Diligence in Legal Representation

Supreme Court suspends lawyer for five years for gross negligence in criminal defense, reaffirming counsel's duty of diligence and fidelity to clients.

Breach of Trust Justifying Dismissal for Supervisors in the Philippines

Philippine Supreme Court clarifies when supervisors may be validly dismissed for loss of trust and confidence, applying the totality of infractions rule.

Secretary's Certificate as Proof of Corporate Authority in Philippine Litigation

Philippine Supreme Court clarifies when a secretary's certificate suffices to prove corporate authority to file pleadings, and the duties of plaintiffs in pre-trial.

Clarifying Final Judgments Ensuring TAX Refunds Reflect Court Intent

Learn how the Supreme Court clarified a final judgment's dispositive portion to include all tax refund cases, ensuring the court's true intent prevails.

Novation, Verification, and Real Party in Interest: Lessons from S.C. Megaworld v. Parada

Explaining when accepting third-party payments does not release the original debtor, and why procedural objections must be raised early.

Finality of Labor Awards and Attorney's Fees in Compromise Settlements

When a client settles a labor case behind counsel's back to avoid attorney's fees, the Supreme Court protects the lawyer's right to compensation.

Simulated Contracts Ownership Rights and Intent in Property Sales

Philippine Supreme Court ruling on simulated property sales, trust agreements, and ownership rights when intent is to circumvent banking laws.

Beyond the Document: When the Best Evidence Rule Doesn't Apply in Philippine Law

The Best Evidence Rule only applies when a document's terms are in issue—not its existence. Learn from a 2013 Supreme Court ruling.

When Business Downturns Lead to Employee Layoffs: Understanding Retrenchment Under Philippine Law

Learn the legal rules on retrenchment in the Philippines, including valid grounds, procedural requirements, and worker protections.

Breach of Insurance Contract: The Impact of Unapproved Property Relocation

When insured property moves without insurer consent, coverage may cease. Learn from Malayan Insurance v. PAP Co. on relocation risks.

Sheriffs Must Execute Writs Promptly and File Periodic Returns: DBP v. Famero

The Supreme Court clarifies a sheriff's duty to execute writs with dispatch and file Section 14, Rule 39 periodic returns, imposing a fine for neglect.

VAT Liability and Contractual Stipulations: Lessons from Mendiola v. Commerz Trading

Philippine Supreme Court clarifies who bears VAT liability when a contract shifts tax burden—and who must pay the BIR.

Agency and Authority: When a Deed Does Not Mean a Done Deal in Property Sales

Philippine Supreme Court ruling on when a deed of sale is void without proper agency authority under the Civil Code.

Upholding Client Loyalty Disciplinary Action FOR Attorneys Representing Conflicting Interests IN THE Philippin

A lawyer cannot represent opposing clients even in unrelated cases. The Supreme Court explains the rule on conflicting interests and its consequences.

Business Closure vs Retrenchment: Protecting Workers' Rights in the Philippines

The Supreme Court clarifies the difference between business closure and retrenchment under Philippine labor law, and when separation pay is required.

Quarrying Rights: Local Permits Prevail Despite National Authorization

Philippine Supreme Court rules that a national quarry permit does not override local government requirements like the governor's permit.

Abandonment vs. Constructive Dismissal: Proving Intent in Philippine Labor Cases

Philippine Supreme Court clarifies the elements of abandonment of employment and why employers must prove clear intent to sever the employer-employee relationship.

Expert Testimony Admissibility and the Courts' Discretion in Evidence

When can courts disqualify an expert witness? The Supreme Court clarifies that only specific grounds under the Rules of Court justify exclusion.