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.
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When Court Personnel Overstep: The Limits of Judicial Authority in Execution Proceedings
Philippine Supreme Court ruling on sheriffs and clerks of court who bypass judicial authority in executing judgments.
Execution Pending Appeal in Election Protests: Court Personnel Cannot Exercise Judicial Discretion
Supreme Court clarifies that court personnel cannot exercise judicial discretion in granting execution pending appeal in election contests.
Execution Pending Appeal in Election Protests: The Pecson v. COMELEC Standard
The Supreme Court clarifies when trial courts may order execution pending appeal in election contests, and when COMELEC commits grave abuse of discretion in nullifying such orders.
Ejectment and Back Rentals: The Greenhills Lease Dispute and the Limits of Court Awards
A stalled sublease at Greenhills Shopping Arcade leads to ejectment and a Supreme Court ruling on back rentals, estoppel, and who may recover.
Clerk of Court Dismissed for Misappropriating Fiduciary Funds
Supreme Court dismisses a clerk of court for dishonesty and grave misconduct after she failed to account for P238,220 in court funds.
Legislative Inquiry vs Individual Rights: Due Process in Senate Investigations
The Supreme Court ruled the Senate violated due process by conducting "Hello Garci" inquiries without publishing its rules of procedure.
SEC Memorandum Circulars: Publication and Filing Required for Effectivity
Supreme Court rules SEC Memorandum Circular No. 2, Series of 1994 invalid for lack of publication and filing, affecting filing fee assessments.
Perjury and Venue: Where the False Statement Truly Matters
A look at how the Supreme Court ruled that venue in perjury cases depends on where the false statement is used, not where it is notarized.
Court Clerk Dismissed for Misappropriating Fiduciary Funds: A Lesson in Public Trust
The Supreme Court dismissed a court clerk for dishonesty and grave misconduct after she misappropriated P238,220 in fiduciary funds, reaffirming that public office is a public trust.
Breach of Trust Dismissal Upheld for Financial Controller's Mismanagement
Supreme Court rules financial controller validly dismissed for gross neglect, serious misconduct, and loss of trust and confidence.
Redemption Rights in Foreclosure Sales: Scope and Transferability Under Philippine Law
The Supreme Court clarifies the scope of redemption rights in extrajudicial foreclosure sales and when such rights may be validly transferred.
Redemption of Foreclosed Property: What Buyers Must Know About Payment and Transfer of Rights
Learn the rules on redeeming foreclosed property, including payment amounts and assignment of redemption rights, from a Supreme Court ruling.
Valid Service of Summons: Ensuring Due Process in Electoral Protests
The Supreme Court voided service of summons by registered mail in an election protest, ruling that personal service is required to satisfy due process.
Manila Bay Cleanup Case: Ministerial Duties and the Right to a Balanced Ecology
The Supreme Court ruled government agencies can be compelled by mandamus to clean up Manila Bay under environmental laws.
Adultery and Public Service: Proving Immorality Beyond Suspicion in Administrative Cases
Philippine Supreme Court ruling on immorality cases against court employees: the need for competent evidence and the limits of double jeopardy in administrative proceedings.
Treachery Defined: Absence of Frontal Attack Does Not Preclude Murder Finding
The Supreme Court clarifies that treachery can qualify a killing as murder even without a frontal attack, as long as the victim was defenseless and the mode of attack was consciously adopted.
Equitable Mortgage: When an Absolute Sale Is Really a Loan Security
The Supreme Court explains when a deed of absolute sale is actually an equitable mortgage, and what parties must do to recover property.
Challenging a Judge's Qualifications: The Fine Line Between Direct and Indirect Attacks
Philippine Supreme Court clarifies the distinction between direct and indirect attacks on a judge's qualifications in administrative cases.
Proportionality in Employee Discipline: When Is Dismissal Too Harsh?
Philippine Supreme Court ruling on when dismissal is too harsh a penalty for workplace policy violations, explained in plain language.
Due Process Prevails: Officer Unfairly Dismissed Is Ordered Reinstated
The Supreme Court reinstates a police officer dismissed without notice, affirming that due process is essential in administrative proceedings.
Election Law: Distinguishing Disqualification From Certificate Cancellation
The Supreme Court clarifies the difference between disqualification and cancellation of a certificate of candidacy in election cases.
Mandamus and Manila Bay Cleanup: Defining Ministerial Duties in Environmental Protection
The Supreme Court ruled that government agencies can be compelled by mandamus to clean up Manila Bay, defining environmental duties as ministerial.
Contractual Obligations Prevail: Surety Liable Despite Principal Debtor's Insolvency
Supreme Court rules surety remains liable for corporate debts even after principal debtor is declared insolvent, upholding solidary obligations.
Equitable Mortgage vs Sale: How Philippine Law Protects Landowners from Unfair Deals
The Supreme Court ruled that a deed of sale can be treated as an equitable mortgage, protecting landowners from transactions that secretly secure a debt.