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 118 articles for execution

Presumption of Regularity of Public Documents: The High Bar for Proving Falsification

Public documents enjoy a presumption of regularity. Learn the high evidentiary standard needed to overcome it in administrative cases.

Backwages in Illegal Dismissal: When the Employer’s Obligation Ends

Backwages in illegal dismissal accrue until actual reinstatement or payment of separation pay, per Mt. Carmel College v. Resuena.

Treachery and Witness Credibility in Philippine Murder Convictions

How credible eyewitness testimony and treachery shape murder convictions in the Philippines, with lessons from People v. Dulanas.

Illegal Demolition as Grave Coercion: Property Rights and Due Process in the Philippines

When does demolition become a crime? The Sy case shows how unlawful property destruction can constitute grave coercion under Philippine law.

Unprobated Wills and Ejectment: Why Probate Is Required Before Claiming Property Rights in the Philippines

An unprobated will has no legal effect in Philippine courts. Learn why probate is mandatory before asserting inheritance rights in property disputes.

Lawyer Convicted of Direct Bribery: Acejas III vs. People and the Ethics of Representation

The Supreme Court convicted lawyer Francisco Acejas III of direct bribery for conspiring with a public officer to extort money — a warning to all legal professionals.

Demolition of Illegal Structures: When a Court Order Is Required in the Philippines

Philippine law generally requires a special court order before a city may demolish existing structures, even those built without permits. Learn the rules.

Certiorari Without Motion for Reconsideration: Exceptions Under Rule 65

Learn when Philippine courts allow a direct petition for certiorari without a prior motion for reconsideration, based on the PAL-PESALA case.

Simulated Contracts in the Philippines: Intent, Validity, and the Valerio Case

Learn how Philippine courts decide simulated contracts by examining party intent, absolute vs. relative simulation, and the Valerio ruling.

Attempted vs. Consummated Rape in the Philippines: The Penetration Rule in People v. Miranda

Philippine law once required penile penetration for consummated rape. People v. Miranda shows why digital penetration meant attempted rape—and a lesser penalty.

Execution Pending Appeal in the Philippines: When 'Good Reasons' Justify Immediate Judgment Enforcement

Learn when Philippine courts allow execution pending appeal, the 'good reasons' required under Rule 39, and key lessons from Bangkok Bank vs. Lee.

Family Home Exemption: When Creditors Can Seize Your Property in the Philippines

The family home exemption protects Filipino families from creditors—but not for debts incurred before the home was constituted. Learn the rules.

When Does the Clock Start? Prescription Periods for Hidden Contract Breaches in the Philippines

Philippine Supreme Court ruling clarifies when the prescriptive period begins for hidden breaches of contract, protecting buyers who rely on seller representations.

Judicial Accountability in Unlawful Detainer Cases: The Montemayor Ruling

A Supreme Court ruling on a judge's delay in an ejectment case underscores the strict timelines and impartiality required of Philippine courts.

Accomplice Liability in Murder: When Presence Is Not Enough

Philippine law requires proof of concerted action for accomplice liability in murder. Learn from the Gialolo case.

DARAB Contempt Powers: Why Arrest Orders Must Come From Courts

The Supreme Court limits DARAB's contempt power—arrest orders for indirect contempt must come from the Regional Trial Court, not administrative bodies.

Lessor’s Liability for Defects and Repairs: Key Lessons from De Ysasi v. Arceo

Learn when Philippine lessors are liable for property defects and repairs, and why lessee inspection matters under De Ysasi v. Arceo.

Attorney’s Lien in the Philippines: Can It Attach to Real Property?

Philippine law limits attorney’s liens to judgments and client documents—not land. Learn the rules from a Supreme Court ruling.

Murder to Homicide: Proving Evident Premeditation and Treachery in Philippine Law

When the prosecution fails to prove evident premeditation or treachery, a murder conviction falls to homicide. Learn the rules from People v. Aytalin.

Fair Rental Value in Unlawful Detainer: Key Lessons from Catungal v. Hao

How Philippine courts determine fair rental value when a lease expires, based on the Supreme Court's ruling in Catungal v. Hao.

Third-Party Claims in Philippine Execution Sales: Protecting Your Property

Learn how spouses and third parties can protect their property from wrongful execution sales in the Philippines, based on the Supreme Court's ruling in Naguit v. Court of Appeals.

Reviving Expired Judgments in the Philippines: The Terry Case and Contempt Limits

Learn when Philippine judgments expire, how to revive them, and why contempt cannot enforce stale court orders under the Terry ruling.

Employer Subsidiary Liability in Philippine Criminal Law: The Catacutan Doctrine

Philippine employers can be held subsidiarily liable for damages from employees' criminal negligence. Learn the rules from Catacutan v. Heirs of Kadusale.

Demolition Requires Special Court Order: Morta v. Sañez and Due Process

A writ of execution does not authorize demolition. A special court order after notice and hearing is required under Rule 39, Section 10(d).