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 7396 of 248 articles for acceptance

Upholding Client Trust: Attorney Negligence and the Duty to Refund Unearned Fees in the Philippines

A lawyer who neglects a client's case must refund unearned acceptance fees. The Supreme Court explains the rules on attorney negligence and quantum meruit.

Spousal Consent in Property Sales: Why a Sale Without Written Consent Is Void

Selling conjugal property without the other spouse's written consent is void under Philippine law. Learn the rules and buyer protections.

Agent's Duty to Prioritize Principal's Interests: Lessons from a Carnapped Vehicle Case

When a bank-agent failed to file an insurance claim for a carnapped vehicle and demanded full payment instead, the Supreme Court ruled it breached its fiduciary duty.

Enforceability of Oral Contracts: Protecting Contractors' Rights Through Quantum Meruit

Oral contracts are binding in the Philippines. Learn how quantum meruit protects contractors who complete work without written agreements.

Supreme Court: Early Retirement Must Be Voluntary—Illegal Dismissal Ruling Against Letran

SC rules an employee cannot be retired early without express consent; Letran liable for illegal dismissal, separation pay, and backwages.

Surety’s Liability: The Extent and Limits Under Philippine Law

Understand the scope of a surety’s obligations in the Philippines, including liability limits, defenses, and key legal principles.

When Postponements Don't Imply Misconduct: A Lesson in Ethical Practice

The Supreme Court clarifies when a lawyer's requests for postponement do not constitute professional misconduct, emphasizing the need for clear evidence of malice.

Enforcement of Government Contracts: Recovery Allowed Despite Lack of Funds Certification

Supreme Court allows contractor recovery for government equipment leases despite missing funds certification, citing quantum meruit and equity.

Specific Performance vs Rescission: Contractual Remedies Under Philippine Law

The Supreme Court clarifies when specific performance or rescission applies in reciprocal obligations, using a Tagaytay property dispute as guide.

Breach of Legal Ethics When Attorneys Neglect Client Matters and Misappropriate Funds

A lawyer who fails to file a client's case and refuses to return legal fees faces suspension for violating the Code of Professional Responsibility.

Substantial Completion and Contract Termination in Construction Disputes: PSHS v. Pirra Construction

When is a project substantially completed, and when can a government agency terminate a construction contract? The Supreme Court clarifies.

Citizenship Dispute in Disbarment Case Dismissed for Lack of Direct Attack

Disbarment case dismissed because citizenship cannot be attacked collaterally; direct action required.

When a Reinstated Life Insurance Policy Becomes Incontestable in the Philippines

Philippine Supreme Court clarifies when the two-year contestability period runs after a life insurance policy is reinstated.

Lawyers Must Return Fees for Incompetent Service: A.C. No. 10543

When a lawyer accepts a case beyond their competence, they must return the full fees paid. The Supreme Court explains the rule on quantum meruit.

The People's Choice Prevails: Upholding Electoral Will Over Procedural Technicalities in Candidate Substitutio

Supreme Court rules that a deceased candidate's substitute cannot be disqualified on technical grounds after the electorate has spoken.

Voluntary Resignation vs Illegal Dismissal: Protecting Overseas Filipino Workers

When is an OFW's resignation voluntary or forced? The Supreme Court clarifies the rules on quitclaims, waivers, and illegal dismissal claims.

Finality of Judgments: No Recomputation After Decision Becomes Executory

A final labor ruling cannot be recomputed or increased. Learn the finality rule and its exceptions from De Ocampo v. RPN-9.

Ombudsman's Probable Cause Discretion and Grave Abuse in Public Official Cases

Courts rarely interfere with the Ombudsman's probable cause findings unless grave abuse of discretion is clearly shown. This case explains the rule.

Tax Assessment Waivers and the Statute of Limitations in the Philippines

The Supreme Court explains when waivers of the tax assessment period are invalid, and why prescription still bars the BIR from collecting deficiency taxes.

Acceptance Fee vs Attorney's Fee: What Clients Should Know

The Supreme Court clarifies the difference between acceptance fee and attorney's fee in legal representation, and when a lawyer must return payments.

Unproven Claims When Government Contracts Lack Evidence Of Delivery

Supreme Court affirms COA denial of P63M textbook claim for lack of proof of delivery and appropriation.

Optional Retirement Requires Employee's Explicit Consent: A Guide to Article 302 of the Labor Code

The Supreme Court clarifies that optional retirement before age 65 requires the employee's explicit, voluntary consent; otherwise, it is illegal dismissal.

When Public Interest Meets Private Contracts: The SM Land v. BCDA Ruling on Development Projects

The Supreme Court ruled that government agencies cannot cancel accepted unsolicited proposals by invoking public interest, upholding contractual obligations.

Public Use Prevails: Water System Properties Cannot Be Seized for Private Debts

Supreme Court rules water works systems devoted to public use are property of public dominion, exempt from levy and auction sale.