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 99 articles for amendments

Unlawful Detainer: Why Prior Physical Possession Is the Core Issue in Ejectment Cases

Philippine Supreme Court clarifies that in unlawful detainer cases, prior physical possession—not ownership—is the decisive issue.

Judicial Efficiency: Sanctions for Undue Delay in Rendering Decisions

A judge's failure to decide cases within 90 days is undue delay, a less serious offense under Rule 140.

Judicial Overreach Limits MCTC Authority in Libel Cases

The Supreme Court reminds judges that only specific courts may conduct preliminary investigations in libel cases under Article 360.

Retroactivity of Remedial Laws: Clarifying the Period for Filing Certiorari Petitions

The Supreme Court clarifies when the 60-day period for filing certiorari petitions is counted, applying amended procedural rules retroactively.

Amendment of Information: Balancing Procedural Rules and the Accused's Right to Due Process

When can the prosecution amend an Information after the accused pleads? The Supreme Court clarifies the distinction between formal and substantial amendments.

Amendment of Information After Plea: Balancing Procedural Rules and the Accused's Rights

When may a court allow amendment of an Information after the accused pleads? The Supreme Court clarifies the distinction between formal and substantial amendments.

Upholding Timeliness and Proper Verification in Labor Disputes: The Pfizer Case

The Supreme Court clarifies the 60-day rule for certiorari petitions and the standards for verification in labor cases.

Certiorari 60-Day Period Counted From Denial of Reconsideration

The Supreme Court clarifies that the 60-day certiorari period runs from denial of reconsideration, applying procedural rules retroactively.

Docket Fees and Intervention: Y Realty's Quest for Justice in Marcos Wealth Case

A look at how the Supreme Court resolved docket fee issues in intervention cases involving recovered Marcos assets.

Retroactive Application of Procedural Rules: Timely Filing of Certiorari Petitions in Labor Disputes

Learn how the Supreme Court applied A.M. No. 00-2-03-SC retroactively, allowing a late certiorari petition in a labor case to proceed.

Vested Rights in Adoption: Why Filing Date Matters Under Philippine Law

Philippine Supreme Court clarifies that adoption rights vest at filing, not decree. Learn the filing date rule and its practical impact.

Loan Restructuring and Surety Release: Key Protections for Guarantors in Philippine Law

Philippine Supreme Court ruling on when loan restructuring releases a surety from liability, and what guarantors must know about their rights.

Unlicensed Firearm Use in the Philippines: When Illegal Possession Becomes an Aggravating Circumstance

Philippine law changed how unlicensed firearm use in killings is punished. Learn the rule from the Samonte case.

Amended Complaints and Court Jurisdiction: The Que v. Court of Appeals Rule

Amending a complaint to add parties or claims does not automatically strip a Philippine court of jurisdiction if the original cause of action remains intact.

Pre-Trial Orders Control Your Case: The Tiu v. Middleton Rule on Witness Exclusion

Pre-trial orders bind trial proceedings. Learn from Tiu v. Middleton why unnamed witnesses may still testify and how to protect your case.

Amended Complaints and Officer Liability in Corporate Disputes

When can a plaintiff amend a complaint to seek new relief? When are corporate officers personally liable? The Supreme Court clarifies.

Trust Receipts and Estafa: Why a Civil Case Does Not Stop Criminal Prosecution

A pending civil action to nullify trust receipts is not a prejudicial question that bars criminal prosecution for estafa under Philippine law.

Docket Fees and the Right to Amend: Balancing Access to Justice in Patent Infringement Cases

Philippine Supreme Court ruling on docket fees, amendments to complaints, and equitable access to justice in patent cases.

Speedy Disposition of Cases: Balancing Delay and Due Process in Anti-Graft Proceedings

Explaining the Castillo v. Sandiganbayan ruling on what counts as unreasonable delay in anti-graft cases and the right to speedy disposition.

Eminent Domain: Necessity, Procedure, and the Writ of Possession in Philippine Law

The Supreme Court explains when the government may expropriate private land, the necessity requirement, and the rule on writs of possession.

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.

Expropriation in the Philippines: Provisional Deposit and Writ of Possession Explained

Understand how the 1997 Rules on expropriation allow the government to take property upon depositing assessed value, and what this means for owners.

Navigating Mining Tax Refunds in the Philippines: Understanding R.A. 1435 and Its Limits

Philex Mining v. CIR clarifies that the 25% mining tax refund under R.A. 1435 is based on old rates, not actual taxes paid.

Dynamite Fishing in the Philippines: Laws, Penalties, and the People vs. Vergara Case

Learn the Philippine law against dynamite fishing, penalties under P.D. 704, and key lessons from People vs. Vergara.