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 961984 of 1,279 articles for appeal

Equitable Mortgage vs Pacto de Retro Sale: Property Rights in the Philippines

Philippine Supreme Court explains the difference between equitable mortgage and pacto de retro sale, and why mortgagees cannot simply consolidate ownership.

Good Faith Payments and Prior Satisfaction as Grounds for Acquittal in BP 22 Cases

Supreme Court acquits corporate officer in BP 22 case where the dishonored check was fully paid two years before charges were filed.

Unmasking Equitable Mortgages in the Philippines: A Guide for Property Buyers and Sellers

When is a deed of sale actually a loan? Learn how Philippine courts unmask equitable mortgages and protect property buyers and sellers.

When Does Prescription of Penalties Begin? The Doctrine of Evasion of Sentence

Philippine Supreme Court clarifies that prescription of penalties under Article 93 RPC only runs when a convict escapes while serving imprisonment.

Service by Publication in the Philippines: Strict Rules for Valid Summons

Learn the strict requirements for valid service of summons by publication in the Philippines, and why procedural lapses can void court judgments.

Substantial Compliance with Procedural Rules: Certified Xerox Copies in Philippine Law

Supreme Court ruling on certified xerox copies as substantial compliance with Rule 65 requirements for petitions for certiorari.

Perfecting Appeals: The Crucial Difference Between Single and Multiple Judgments in Philippine Law

Learn when a record on appeal is required in Philippine civil procedure, and why missing this step can cost you your appeal.

LGU Right to Immediate Possession in Expropriation: City of Iloilo v. Legaspi

When can an LGU take immediate possession of private property in expropriation? The Supreme Court explains the 15% deposit rule.

Self-Defense in Homicide Cases: Proving Justification in the Philippines

When claiming self-defense in Philippine homicide cases, the accused bears the burden of proving all elements by clear and convincing evidence. Learn the rules.

Habitual Neglect of Duty Is Just Cause for Termination Despite Mitigating Factors

Philippine Supreme Court ruling on when habitual neglect of duty justifies dismissal, and when mitigating factors cannot save an employee.

Judge's Erroneous Release of Supersedeas Bond and Rental Deposits in Ejectment Case

A judge who allowed a defendant to withdraw the supersedeas bond and rental deposits pending appeal in an ejectment case was held liable for gross ignorance of the law.

Strikes and Due Process: Balancing Labor Rights and Employer Prerogatives in the Philippines

Explore how Philippine labor law balances workers' right to strike against employer prerogatives, with due process at the core.

Enforcing Time Limits: Carrier Liability Hinges on Timely Notice of Cargo Damage

Timely written notice of cargo damage is a condition precedent to suing a carrier. The Supreme Court explains why in Federal Express v. American Home Assurance.

Estafa vs. Breach of Contract: When a Failed Deal Is Not a Crime

Philippine Supreme Court ruling clarifies when failure to deliver goods after advance payment is civil breach, not criminal estafa.

Smuggling and the Presumption of Guilt: Possession and Tax Obligations in Philippine Law

When does possession of untaxed goods create a presumption of smuggling under Philippine law? The Supreme Court explains in Rieta v. People.

Appeal vs Certiorari: Choosing the Right Path for Legal Recourse in the Philippines

Learn when to file an appeal versus a certiorari petition under Philippine law, explained through the Supreme Court's ruling in Andalis v. Court of Appeals.

Second Chances Denied: The High Cost of Procedural Missteps in Philippine Litigation

A Supreme Court ruling shows why "honest mistake" rarely justifies a new trial—and why procedural deadlines and rules are strictly enforced.

Bank Liability for Forged Checks: When Final Judgments Stand Firm

Supreme Court ruling on bank liability for forged checks, signature verification duties, and why depositors aren't estopped by bank statement notices.

Lawyers Cannot Claim Ignorance of Basic Procedures to Abandon Client Obligations

Philippine Supreme Court rules a lawyer's claim of ignorance in filing a motion for reconsideration is no excuse for neglecting a client's case.

B.P. 22 Conviction Requires Proof of Written Notice of Dishonor: The Sia Case

Conviction under the Bouncing Checks Law requires proof the accused received written notice of dishonor. The Sia case explains why.

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.

15-Day Deadline for Appealing HLURB Decisions to the Office of the President

Learn the strict 15-day appeal period for HLURB decisions to the Office of the President, as clarified by the Supreme Court in Maxima Realty.

Reassignment Without Consent: Security of Tenure for Philippine Civil Servants

When can a government employee be reassigned against their will? The Supreme Court's ruling in Cariño v. Daoas explains the limits of transfer powers.

Voluntary Confession Mitigates Parricide: Reclusion Perpetua Instead of Death

Philippine Supreme Court ruling on how voluntary confession of guilt mitigates parricide, reducing the penalty from death to reclusion perpetua.