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 9851008 of 2,214 articles for writ

Negligence and Misconduct of Court Personnel: Lessons from a Clerk of Court and Sheriff Case

A Supreme Court ruling shows how negligence by clerks of court and grave misconduct by sheriffs can derail justice and bring severe penalties.

Security of Tenure: Understanding Agricultural Tenancy Rights in the Philippines

The Supreme Court clarifies the essential elements of agricultural tenancy and security of tenure in Heirs of Barredo v. Besañes.

Compromise Agreements: When Can a Court Modify a Final Judgment

Philippine Supreme Court explains when a judgment by compromise can be modified, and why finality usually prevails.

Due Process in Philippine Tax Assessments: The Critical Role of the Preliminary Assessment Notice

Philippine tax assessments require a Preliminary Assessment Notice; without it, the assessment is void for denying due process.

Continuing Security: How Future Debts Can Affect Real Estate Mortgages in the Philippines

The Supreme Court explains how a real estate mortgage can secure future loans, not just the original debt, through continuing guaranty clauses.

Custodia Legis and Garnishment: The BSP v. Judge Lanzanas Ruling

Funds in custodia legis cannot be garnished without court approval. The Supreme Court's ruling in BSP v. Judge Lanzanas explains why.

Sequestration Orders and Property Rights: The PCGG Two-Commissioner Rule

When is a sequestration order void? The Supreme Court explains the PCGG's non-delegable power to sequester alleged ill-gotten wealth.

Overcoming Inheritance Disputes: Proving Ownership in Philippine Land Law

Philippine Supreme Court ruling on burden of proof in inheritance disputes over titled land, and the indefeasibility of Torrens titles.

HLURB Jurisdiction Over Condominium Disputes: Peralta v. De Leon Explained

Learn how the Supreme Court affirmed HLURB's exclusive jurisdiction over condominium buyer-developer disputes in Peralta v. De Leon.

When Amparo Fails Balancing Rights AND Evidence IN Disappearance Cases

The writ of amparo protects life, liberty, and security. But what happens when the evidence is weak or the case is moot? This article explains the limits of amparo relief in Philippine courts.

Right of First Refusal in Lease Agreements and Property Sales in the Philippines

Philippine Supreme Court ruling on lessee's right of first refusal when leased property is sold, explained in plain language.

GSIS Pension Rights: Recovering Retirement Benefits After a Wrongful Denial

Learn how the Supreme Court protects government retirees' pension rights, even when GSIS initially approved benefits under the wrong law.

Clerk of Court Dismissed for Mishandling Court Funds: A Lesson in Accountability

The Supreme Court ruled on the severe consequences for clerks of court who mishandle judiciary funds, emphasizing their duty as custodians of public money.

Partial Summary Judgments: Why They Are Not Immediately Executable

A partial summary judgment is interlocutory, not final. It cannot be executed while the main case is pending, explains Philippine Business Bank v. Chua.

When the Secretary of Labor May Award Higher Wages Than a Union MOA

Philippine Supreme Court ruling on whether the Labor Secretary can grant wage increases higher than a union's memorandum of agreement.

Ombudsman's Concurrent Authority Over Public School Teachers Explained

The Supreme Court clarifies that the Ombudsman shares concurrent disciplinary authority with DepEd over public school teachers, but estoppel may bar late jurisdictional challenges.

Continuing Suretyship Scope and Enforceability in Loan Renewals

Philippine Supreme Court ruling on whether a continuing suretyship covers renewed credit facilities and subsequent loan availments.

Protecting Possessory Rights When A Writ Of Possession Cannot Override Third Party Claims

When a third party actually possesses foreclosed property under an adverse claim, a writ of possession is not ministerial. Learn the rule.

Tolerance Ends Unlawful Detainer Actions and Property Rights in the Philippines

Philippine Supreme Court clarifies when tolerated possession becomes unlawful detainer, and how property owners can recover possession.

Judicial Discretion vs Undue Favoritism: When Judges Face Administrative Liability

Explaining when judicial rulings constitute administrative offenses, based on the Supreme Court's dismissal of the complaint against CA Justices Roxas and Enriquez.

HLURB Jurisdiction vs Regular Courts: Protecting Subdivision Buyers' Rights

When does HLURB have exclusive jurisdiction over subdivision disputes? The Supreme Court clarifies the boundary between regular courts and the housing regulator.

Bank Not Subsidiarily Liable for Loan Proceeds Released to Borrower

Supreme Court rules banks are not automatically liable when loan proceeds go to a borrower instead of a third-party seller.

Bank Not Subsidiarily Liable Without Clear Obligation: Prudential Bank v. Abasolo

Supreme Court rules a bank is not subsidiarily liable for a loan officer's alleged promises absent a clear obligation or written request.

Bank Not Liable for Employee's Promise to Seller: Relativity of Contracts in Loan Proceeds Release

Supreme Court rules bank not subsidiarily liable for employee's alleged promise to pay seller directly from loan proceeds, citing relativity of contracts.