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.
The Perils of Second Pre-Trials: Safeguarding Due Process in Philippine Courts
Philippine Supreme Court clarifies that a second pre-trial without proper notice violates due process, and explains the proper appeal route for COSLAP decisions.
Forum Non Conveniens and Philippine Courts: Discretion in International Disputes
Philippine courts may assume jurisdiction over international disputes when convenient, fair, and enforceable—explained through Bank of America v. Court of Appeals.
Bank of America v. Litonjua: When Courts May Keep a Case Despite Foreign Ties
Explaining when Philippine courts may keep a case despite foreign connections, and why denial of a motion to dismiss is not appealable via certiorari.
Retroactivity vs Prospectivity: Protecting Vested Rights in Agrarian Reform Appeals
The Supreme Court clarifies when its ruling on the proper mode of appeal in agrarian cases applies, protecting vested rights.
When a Pro Se Appeal Fails: Counsel of Record and Docket Fees in Philippine Appeals
A party who appeals without counsel may still be bound by notices sent to the counsel of record, and unpaid docket fees can prove fatal to the appeal.
Foreclosure Sales: Strict Compliance With Publication Requirements
When a postponed foreclosure sale proceeds without republication of notice, the sale is void. Learn the rules from Ouano v. Court of Appeals.
Contempt of Court for Disobeying a Final Judgment in a Disbarment Case
A disbarred lawyer's repeated refusal to return client funds leads to indirect contempt, fines, and a writ of execution.
Foreclosure Sales: Filing an Appeal Does Not Stop a Writ of Possession
Philippine Supreme Court clarifies that an appeal against a writ of possession in extrajudicial foreclosures does not stay its implementation.
Employer-Employee Relationship and Illegal Dismissal: The Control Test in Philippine Labor Law
Philippine Supreme Court clarifies the control test for employer-employee relationship and rules on illegal dismissal due to disease in Sy v. Court of Appeals.
Upholding Notarial Duties: Consequences for Improper Document Acknowledgment
A notary public who acknowledges a document without the signatories appearing before him violates the law on notarial acknowledgment and faces suspension.
Challenging Local Tax Ordinances: The 30-Day Appeal Rule Under Section 187
Taxpayers must appeal to the Secretary of Justice within 30 days of a local tax ordinance's effectivity or lose the right to challenge it in court.
Lawyer's Neglect of Appeal Brief Leads to Six-Month Suspension
When a lawyer obtains extensions to file an appeal brief but fails to submit it, the client suffers—and the lawyer faces discipline.
Limits on Complainants' Right to Appeal Dismissal: People v. Velez
Philippine Supreme Court ruling on administrative liability of judges who delay decisions and commit gross ignorance of law.
Withdrawing a Criminal Appeal: When the Supreme Court May Allow It
The Supreme Court explains when a convicted person may withdraw an appeal, and why it granted withdrawal in a rape case despite the prosecution's opposition.
Dismissal of Appeal for Failure to File Memorandum: A Costly Omission
Why failing to file an appellant's memorandum under Rule 40, Section 7 can cost you your appeal—and your case.
Judicial Accountability: Fines for Ignorance of Summary Procedure Rules
Court employees fined P4,000 each for gross ignorance of appeal fee rules under the 1997 Rules of Civil Procedure.
Administrative Complaints Against Judges Must Wait for Judicial Remedies to Be Exhausted
Philippine Supreme Court clarifies that administrative complaints against judges cannot substitute for available judicial remedies like appeal or certiorari.
Finality of Judgment: Court Warns Against Repeated Motions to Evade Execution
Supreme Court warns litigants against filing repeated motions to delay execution of final judgments, citing abuse of judicial processes.
Carnapping Conviction Affirmed: Penalties and Procedural Rules Under RA 6538
Learn how the Supreme Court clarified carnapping penalties and appeal rules in Mercado v. People, including key procedural takeaways.
Carnapping Penalties: Special Laws vs Revised Penal Code Explained
Understand how carnapping penalties under RA 6538 differ from Revised Penal Code terms, and why the distinction matters in Philippine criminal appeals.
Admission vs Confession: Why Weak Prosecution Evidence Led to Acquittal in Sanvicente
The Supreme Court explains the difference between an admission and a confession, and why double jeopardy barred the prosecution's appeal.
Hierarchy of Courts: Why Choosing the Right Court Matters in Philippine Law
Philippine Supreme Court explains why litigants must respect the hierarchy of courts when appealing trial court decisions.
Balancing Justice AND Procedure When Strict Rules Give WAY
When a counsel's negligence threatens a client's appeal, the Supreme Court shows when strict procedural rules yield to substantial justice.
When Actions Speak Louder: Understanding Self-Defense Claims in Philippine Homicide Cases
A look at how Philippine courts weigh self-defense claims in homicide cases, and what it takes to prove it.