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 2,214 articles for writ

Irrevocable Choice: Tax Credit Carry-Over and Refund Rules in the Philippines

Philippine Supreme Court clarifies that choosing to carry over excess tax credit bars refund claims, but the credit can be used indefinitely.

Implied Trusts in Philippine Mortgages: Protecting the True Lender

When a mortgage names one person but another funds the loan, Philippine courts may impose an implied trust to protect the true lender.

Restrictive Custody vs Illegal Detention: Habeas Corpus in Philippine National Police Custody

Understand the difference between restrictive custody and illegal detention, and when habeas corpus applies in Philippine National Police custody cases.

When Prohibition Fails: Understanding the Limits of Extraordinary Writs in Philippine Courts

The Supreme Court clarifies when certiorari may be used despite a pending information, and how fair reporting protects the press from libel.

Protecting Press Freedom Understanding Libel and Fair Reporting in Philippine Media Law

Explore the boundaries of libel and fair reporting in Philippine media law through the Supreme Court's ruling in Angeles v. Gaite.

Unmarried Couples and Property Rights in the Philippines: Proving Co-Ownership

Unmarried couples in the Philippines must prove actual joint contribution to co-own property. Learn the rules from Lacbayan v. Samoy.

Mortgage Obligations and Appeal Rights in Real Estate Disputes

The Supreme Court rules on mortgage obligations, appeal periods, and writs of execution in a dispute between borrowers and PNB.

Official Overreach When Good Faith Isnt A Free Pass For Illegal Demolitions

Court employee fined for stopping execution of sheriff's sale to help a friend. A lesson in official conduct.

Court Employee Disciplined for Interfering with Execution of Judgment

A court records officer was fined P5,000 for using her position to stop a sheriff's sale execution on behalf of a friend, violating the Code of Conduct for Court Personnel.

Judicial Propriety and Impartiality: Lessons from a Family Court Judge’s Administrative Case

A Supreme Court ruling reminds judges to avoid impropriety, intemperate language, and bias in the discharge of judicial duties.

Upholding Judicial Dignity: Balancing Free Speech and Respect for Courts in Legal Commentary

How the Supreme Court disciplined UP Law professors for intemperate statements, balancing lawyers' free speech with their duty to uphold judicial dignity.

Conditional Certifications vs Bank Guarantees: When a Bank Is Not Liable

Supreme Court clarifies when a bank's conditional certification of a credit line application does not constitute a binding bank guarantee.

Facilities vs Supplements in Wage Disputes: Key Distinctions Under Philippine Labor Law

Philippine Supreme Court clarifies the legal distinction between facilities and supplements in computing wages, and when employers may deduct their value.

Neglect of Duty in the Judiciary: Upholding Diligence in Writ Execution

A branch clerk of court fined for delayed issuance of writs of execution on forfeited surety bonds, underscoring court personnel's duty of diligence.

Breach of Contract and Bank Negligence: Protecting Clients' Rights

Philippine Supreme Court ruling on bank liability for negligence in terminating credit lines and dishonoring checks without proper notice.

Motion Denied Understanding Defective Notice OF Hearing IN Philippine Courts

Philippine courts demand proper notice of hearing in motions; defects can lead to denial. Learn the rules and practical tips.

Cityhood Laws and Equal Protection: The League of Cities Doctrine

The Supreme Court upheld the constitutionality of 16 cityhood laws, ruling that Congress validly exempted certain municipalities from higher income requirements.

When Public Use Fails: Reclaiming Expropriated Land in the Philippines

Philippine Supreme Court ruling on when former owners can reclaim expropriated property after the public purpose is abandoned.

Bail Before Formal Charges: The Limits of Judicial Discretion

A judge's verbal grant of bail without written application, deposit, or release order constitutes a violation of Rule 114.

When Courts Overturn Convictions: Lessons on Evidence and Reasonable Doubt

The Supreme Court acquits a rape convict, explaining when appellate courts may disregard trial court credibility findings and why prosecution evidence must stand on its own.

Upholding Arbitration Separability Doctrine in Contract Disputes

The Supreme Court clarifies that a party's repudiation of a main contract does not invalidate its arbitration clause, reinforcing the separability doctrine.

Voluntary Arbitration vs. Labor Arbiter: Philippine Labor Dispute Jurisdiction

When does voluntary arbitration prevail over Labor Arbiter jurisdiction? The Supreme Court clarifies in University of the Immaculate Conception v. NLRC.

Sheriff Misconduct: When Negligence Leads to Dismissal in the Philippines

A deputy sheriff's deliberate delay in serving a writ led to dismissal for gross misconduct. Key lessons for court personnel.

Contract to Sell vs Dacion en Pago: Protecting Subdivision Lot Buyers in the Philippines

The Supreme Court explains how PD 957 protects subdivision lot buyers even when a developer transfers the property to a bank through dacion en pago.