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 11051128 of 2,258 articles for writ

Public Hearing Imperative Invalidating Ordinances Without Community Input

A municipal ordinance imposing goodwill fees without a valid prior public hearing is void, the Supreme Court rules.

Upholding Judicial Authority: Dismissal for Sheriff's Misconduct and Disobedience

A sheriff who levied on property not owned by the judgment debtor and defied court orders was dismissed from service for grave misconduct and insubordination.

Arbitration Prevails: Upholding Agreements Amid Contractual Disputes

The Supreme Court affirms that arbitration clauses survive main contract disputes, reinforcing the doctrine of separability in Philippine law.

Protecting Marital Property: The Necessity of Spousal Consent in Property Sales

Learn how the Supreme Court protects conjugal property from unauthorized sales by one spouse, and why buyers must verify spousal consent.

Writ of Possession Denied When Third Party Holds Property Adversely to Mortgagor

Supreme Court clarifies when a bank cannot get a writ of possession after foreclosure—when a third party holds the property under an adverse title.

Vitiated Consent and Simulated Sales: Understanding Contract Nullity in Philippine Law

The Supreme Court explains when fraud vitiates consent and simulated prices void sales, using a family land dispute as a guide.

Defective Summons and Jurisdictional Limits: How Improper Service Affects Court Authority

Learn how defective summons and improper service affect court jurisdiction, using the Ibasco v. PDCP case as a guide.

Respecting Final Judgments: The Imperative of Closure in Legal Proceedings

Explore the Supreme Court's ruling in Ibasco v. PDCP on finality of judgments, timely appeals, and the limits of injunctive relief in foreclosure cases.

Employer Control Determines Employment Status: The PLDT Security Guard Case

When a security agency's contract ends but guards remain at their posts under the principal's direction, an employer-employee relationship may arise.

Finality of Judgment in Disbarment Cases: Lessons from Bihag v. Era

A disbarred lawyer's belated bid to reopen his case fails; the Court enforces finality, cites contempt, and orders execution.

Forgery Undermines Real Estate Sale: Protecting Property Rights in the Philippines

The Supreme Court explains how forged deeds transfer no rights, and why good faith buyers can still be protected under Philippine property law.

Upholding Termination for Theft: Balancing Due Process and Employer Rights in Labor Disputes

Supreme Court affirms dismissal of cable splicers for theft of company property, clarifying that ample opportunity to be heard, not a formal hearing, satisfies due process.

Territorial Jurisdiction and Taxing Power: The Limits of Local Authority

A local government cannot tax property outside its territory. The Supreme Court explains why jurisdiction defines taxing power.

Ballot Integrity Prevails: Rules for Correctly Counting Barangay Election Votes

A Supreme Court ruling clarifies appeal fee rules and ballot appreciation standards in barangay election protests, ensuring voter intent prevails.

Default and Foreclosure: When Accepting Late Payments Waives the Right to Foreclose

A lender who accepts late and partial payments after a borrower's default may waive the right to foreclose. Learn the rule from this Philippine case.

Acquisitive Prescription: Proving Open, Continuous Possession for Land Registration

Philippine Supreme Court clarifies what evidence proves open, continuous possession for land registration under the Property Registration Decree.

Marine Risk Note Alone Cannot Prove Subrogation: Eastern Shipping Lines v. Prudential Guarantee

Insurers must present the marine insurance policy to prove subrogation claims; a marine risk note alone is insufficient under Philippine law.

Voluntary Retirement vs Illegal Dismissal: Employee Rights in Downsizing

When does a retirement package become a forced exit? The Supreme Court clarifies the thin line between voluntary retirement and illegal dismissal.

Forced Resignation Is Illegal Dismissal: Casa Cebuana v. Leuterio

Forcing an employee to resign without due process is illegal dismissal. Learn the two-notice rule from Casa Cebuana v. Leuterio.

Judicial Discretion vs Mandatory Duty: Voluntary Inhibition of Judges in the Philippines

Explaining the difference between mandatory and voluntary inhibition of judges under Rule 137, and when a judge may step aside.

Upholding Franchise Agreements: The Limits of Certiorari in Challenging Final Judgments

When can a party challenge a final judgment through certiorari? The Supreme Court clarifies the limits of Rule 65 petitions in franchise disputes.

Estoppel in Land Sales: Upholding Agreements Despite Lack of Written Authority

Philippine Supreme Court rules on estoppel in land sales where an agent lacked written authority, protecting buyers who relied on the seller's silence.

Forfeiture of Retirement Benefits for Serious Misconduct: Due Process in Termination Cases

Supreme Court ruling on when employers may forfeit retirement benefits for serious misconduct and what due process requires in termination.

Abuse of Rights Under Article 19: When Business Decisions Are Protected

The Supreme Court clarifies when business decisions like audits and non-renewal of contracts are protected, not abuse of rights.