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 10331056 of 2,230 articles for writ

Safeguards Against Unjustified Power Disconnection Protecting Consumer Rights

Learn how Philippine law protects consumers from unjustified power disconnection and what rights you have against utility providers.

Authority to Represent: The Limits of Legal Representation for Government-Owned Corporations

A Supreme Court ruling clarifies when lawyers may appear for GOCCs, requiring OGCC and COA approval before private counsel can act.

Electricity Disconnection in the Philippines: When Can a Utility Cut Your Power?

Know your rights when a utility disconnects your electricity. Philippine law requires due process—here's what a utility must prove first.

Resignation vs Constructive Dismissal: When a Written Resignation Is Not Voluntary

When is a resignation letter not a true resignation? The Supreme Court explains constructive dismissal and employer liability.

Independent Contractor or Employee? Control in Insurance Agency Agreements

Philippine Supreme Court clarifies when an insurance agent becomes an employee, applying the four-fold test and control standard.

Upholding Legislative Intent: The Limits of COMELEC's Rule-Making Power in Party-List Nominations

A look at Lokin v. COMELEC, where the Supreme Court struck down a COMELEC rule expanding the grounds for substituting party-list nominees beyond RA 7941.

Rescission Rights When Leased Property Becomes Unusable Due to Natural Disasters

When a leased property becomes unusable due to floods or other natural causes, lessees may have the right to rescind the lease. The Supreme Court explains the rules.

Certiorari as a Substitute for Appeal: Navigating Procedural Missteps in Philippine Courts

Learn when certiorari can replace an appeal in Philippine procedure, and how the Supreme Court treats loss of trust and confidence in dismissals.

Lawyer Disbarred for Neglecting Client and Misappropriating Funds Faces Contempt

Supreme Court denies lawyer's bid to reverse disbarment, cites him for contempt, and orders execution to return misappropriated client funds.

Sheriffs' Duty of Diligence: Liability for Erroneous Demolition

When a sheriff demolishes the wrong property, the Court holds him administratively liable. Learn the duty of care required.

Sale of Conjugal Property Without Spousal Consent: Void Contracts and Heirs' Rights

Philippine Supreme Court ruling on void sales of conjugal property without spousal consent, heirs' rights, and prescription periods explained.

Trademark Rights in the Philippines: Prior Use vs. Registration Explained

Philippine Supreme Court ruling on whether trademark rights come from prior use or registration, and why distributors cannot own the marks they sell.

Agency and Authority: Why a Written Mandate Is Paramount in Real Estate Sales

Philippine Supreme Court ruling on why an agent's authority to sell land must be in writing, or the sale is void.

Workplace Misconduct: Defining the Boundaries of Just Cause for Dismissal in the Philippines

When does a fistfight outside work justify dismissal? The Supreme Court clarifies the limits of just cause under Philippine labor law.

Retrenchment Validity: Balancing Employer Rights and Employee Protection in Downturns

The Supreme Court clarifies when retrenchment is valid, the role of quitclaims, and the limits of procedural due process in labor dismissals.

Conspiracy in Labor Disputes: Defining Employee Involvement in Fraudulent Transactions

Supreme Court clarifies when an employee's seemingly minor act in a fraudulent scheme constitutes conspiracy justifying dismissal.

Good Faith Prevails: Protecting Innocent Purchasers in Property Disputes

Philippine Supreme Court ruling on innocent purchasers for value, good faith, and extinguishment of claims in property disputes.

Election Gun Ban and Airsoft Guns: What the Supreme Court Ruled

The Supreme Court upheld COMELEC's inclusion of airsoft guns in the election gun ban but excluded replicas and imitations.

When an Alien Executive Is a Regular Employee, Not a Corporate Officer: The WPP v. Galera Lesson

The Supreme Court clarifies the distinction between a corporate officer and a regular employee, and the consequences of working without an alien employment permit.

Mortgage Validity and Writ of Possession: Upholding Contracts Absent Vitiated Consent

Philippine Supreme Court ruling on writ of possession in foreclosure, contract validity, and consolidation of cases explained in plain language.

Writ of Possession and Foreclosure: When a Threat to Foreclose Does Not Vitiate Consent

Supreme Court ruling on extrajudicial foreclosure, simulated contracts, and why a threat to enforce a legal claim does not vitiate consent.

Establishing Filiation: The Evidentiary Standard for Illegitimate Children's Support Claims

A support promise without an admission of paternity does not establish filiation. Nepomuceno v. Lopez clarifies the rule.

Deceptive Promises in Overseas Job Scams: Illegal Recruitment and Estafa

Supreme Court ruling explains when fake overseas job promises constitute both illegal recruitment in large scale and estafa.

Spousal Consent in Conjugal Property Disposition Under the Family Code

The Supreme Court explains why a spouse cannot sell conjugal property without the other's written consent, and what buyers must verify.