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 113 articles for guarantees

Reopening Criminal Cases in the Philippines: The Hearing Requirement Under Rule 119

When can a Philippine court reopen a criminal case before judgment? The rules require a hearing—and the Supreme Court has enforced that requirement.

Piercing the Corporate Veil in the Philippines: When Parent Companies Pay Subsidiary Debts

Philippine courts can hold parent companies liable for subsidiary debts when the subsidiary is a mere instrumentality. Learn the rules from General Credit v. Alsons.

Protecting Subdivision Buyers: Contracts to Sell Must Be Registered

Philippine Supreme Court ruling clarifies that subdivision developers must register contracts to sell with the Register of Deeds under P.D. 957.

No-Spouse Policies in the Philippines: What the Star Paper Ruling Means

Philippine employers cannot enforce no-spouse rules without clear business necessity. The Star Paper ruling explains why.

Lease Renewal in the Philippines: What "Upon Agreement" Really Means

A lease "renewable upon agreement" requires mutual consent—no automatic renewal. Learn the rules from Josefa v. San Buenaventura.

Contractor’s Liens and Privity of Contract: Lessons from Jan-Dec Construction v. FTI

A contractor’s lien under Article 2242 has limits—privity of contract and the right remedy matter. Learn from Jan-Dec Construction v. FTI.

Corporate Officer Liability When Signing Loan Documents Leads to Criminal Charges in the Philippines

Learn when signing loan documents as a corporate officer can trigger criminal liability in the Philippines, based on Supreme Court rulings.

Partial Payment and Fulfillment of Obligations: Creditor Rights Under B.P. 22

When does partial payment satisfy a debt? The Supreme Court clarifies creditor rights and the Bouncing Checks Law in Alonto v. People.

Piercing the Corporate Veil When Tax Avoidance Becomes Evasion

The Supreme Court explains when tax planning crosses the line into tax evasion, and when a stockholder's estate can be held liable for corporate tax deficiencies.

Ombudsmans Discretion Investigating Complaints Against Public Officials IN THE Philippines

The Supreme Court clarifies the Ombudsman's discretionary power to investigate complaints against public officials and the limits of judicial review.

Guardians at the Gate: Examining Self-Defense and Accountability in Philippine Homicide Cases

A security guard's fatal shooting raises key questions on self-defense, treachery, and firearm confiscation in Philippine criminal law.

Balancing Speed and Justice: The Constitutional Right to a Speedy Disposition of Cases

Understand the right to speedy disposition of cases, the balancing test for delay, and what Bernat v. Sandiganbayan means for litigants.

Right to Speedy Disposition of Cases: A Cornerstone of Fair Trial in Philippine Law

The Supreme Court explains the right to speedy disposition of cases and why delays alone do not violate the Constitution.

Guaranty vs Direct Liability: Who Pays the Debt When Loans Go South

Philippine law distinguishes guaranty from direct liability. Learn who pays when a borrower defaults and what this means for creditors and guarantors.

Age Limits and Security of Tenure: Navigating Employment Rights in Philippine Law

The Supreme Court clarifies how age limits in service contracts interact with security of tenure and constructive dismissal claims.

Checks as Guarantee in Loan Agreements: No Estafa Without Deceit

Supreme Court clarifies that postdated checks as loan guarantees do not constitute estafa absent proof of fraud or deceit.

Confessions and Constitutional Rights: How Philippine Courts Balance Justice and Due Process in Criminal Cases

The Supreme Court clarifies when extrajudicial confessions are admissible and how circumstantial evidence can sustain a conviction in rape with homicide.

Confessions and Constitutional Rights: Ensuring Voluntariness and Competent Counsel in Philippine Law

A Supreme Court ruling on when extrajudicial confessions are admissible, focusing on voluntariness and the right to competent and independent counsel.

Parental Authority VS Statutory Rape Allegation OF Minority Must BE Explicit FOR Qualified Rape Conviction

SC rules minority must be alleged in information for qualified rape; Laciste convicted of simple rape, not death penalty.

Surety's Solidary Liability: The True Extent of Guarantees in Philippine Law

Philippine Supreme Court clarifies when a "guarantee" becomes a suretyship, making the surety solidarily liable with the principal debtor.

When Corporate Veil Claims Fail: Lessons from the Behest Loan Case

The Supreme Court explains when the Ombudsman may dismiss fraud complaints against corporate officers and why evidence of conspiracy matters.

Airport Security Checks and Your Rights: The Johnson Case Explained

Understand your rights during airport security frisks in the Philippines, based on the Supreme Court's ruling in People v. Johnson.

People v. Laguerta: Why Clear Victim Testimony Matters in Philippine Rape Cases

In People v. Laguerta, the Supreme Court acquitted a rape convict due to inconsistent victim testimony, convicting him instead of acts of lasciviousness.

Vague Dates in Rape Informations: When Approximate Time Is Enough

Philippine Supreme Court ruling on whether vague dates in rape informations violate the accused's right to be informed, and why approximate time suffices.