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.
When Can a Generic Term Like "Ginebra" Be Protected as a Trademark?
The Supreme Court clarifies when a generic word like "Ginebra" may acquire trademark protection through secondary meaning, and why preliminary injunctions demand a clear right.
Guardianship and Competency: Protecting Vulnerable Individuals From Exploitation
Supreme Court ruling on guardianship for persons of weak mind, protecting vulnerable individuals from exploitation by relatives.
Novation and Loan Enforceability: When a Verbal Change Makes a Debt Due
Explaining how a verbal agreement to start paying early can novate a loan's conditions, making it due and demandable under Philippine law.
Letters of Intent: When a Preliminary Document Is Not a Contract of Sale in Philippine Law
Philippine Supreme Court clarifies when a Letter of Intent remains a mere declaration of intention, not a binding contract to sell or conditional sale.
Clerk of Court Suspended for Unauthorized Fee Collection: Breach of Duty
A branch clerk of court was suspended for collecting commissioner's and stenographer's fees without authority. Learn the rules on court fee collection.
Solidary vs Joint Obligations: When Liability Is Not Presumed in Philippine Law
Philippine Supreme Court clarifies that solidary obligations are not presumed; joint debtors are liable only for their proportionate shares.
Hierarchy of Courts: When Direct Resort to the Supreme Court Is Not Allowed
The Supreme Court explains the hierarchy of courts rule and why direct petitions for certiorari must first go to the Court of Appeals.
Possession Is Nine Tenths of the Law: Enforceability of a Writ of Possession During Appeal
Philippine Supreme Court clarifies when a writ of possession in extrajudicial foreclosures can be enforced even while an appeal is pending.
Habeas Corpus and Valid Court Judgments: When the Writ Is Denied in the Philippines
Philippine Supreme Court clarifies when habeas corpus petitions are denied despite procedural leniency, emphasizing valid judgments and pending cases.
Sheriffs Misconduct Upholding Integrity IN Writ Execution 2
When a sheriff oversteps in enforcing a writ, the Supreme Court steps in. Learn the rules on sheriff's expenses and conduct.
Correcting Typographical Errors Valid Execution Despite Misstated Property Address
A typographical error in a judgment's dispositive portion does not render it defective or unenforceable. The Supreme Court explains how courts may correct such errors.
Prosecutors Discretion in the Philippines: When Courts Can Intervene
When can courts review a prosecutor's or the Ombudsman's decision? The Supreme Court explains the limits of judicial intervention.
Diligence Required Enforcing Final Judgments AND Avoiding Laches IN Philippine LAW
A 13-year delay in enforcing a final judgment bars execution by motion and constitutes laches. Learn the rules and deadlines.
Mortgagor's Stipulated Right to Notice Prevails in Foreclosure Proceedings
Supreme Court rules banks must honor contractual stipulations requiring personal notice to mortgagors before extrajudicial foreclosure, or risk nullifying the sale.
Appeal Memorandum Deadlines: Why Missing Them Can Cost Your Case
Missing the 15-day appeal memorandum deadline can end your appeal. Learn the strict rules and what the Supreme Court says about excuses.
Resignation With Assurance: Enforceability of Separation Pay Agreements in Voluntary Resignations
Philippine Supreme Court ruling on when a voluntary resignation with a promised separation pay creates an enforceable obligation on the employer.
Sheriff Dismissed for Unauthorized Auction and Falsified Sale Certificate
A sheriff who conducted an auction without authority and falsified a certificate of sale was dismissed from service for grave misconduct.
Gross Negligence and Employee Termination: When One Mistake Justifies Dismissal
Philippine Supreme Court clarifies when a single act of gross negligence can be a valid just cause for terminating a regular employee.
Breach of Contract and Delay Damages in Construction Projects: Uy v. Public Estates Authority
A Supreme Court ruling on contractor claims for delay damages, standby equipment costs, and the strict written-change-order rule under Article 1724.
Perfected Contract to Sell vs Cancellation for Default: Lessons from Traders Royal Bank v. Cuison
When is a contract to sell perfected, and when can a seller cancel it for default? The Supreme Court clarifies in Traders Royal Bank v. Cuison.
Correcting Land Title Errors When A Mistake Isnt Just A Mistake
The Supreme Court explains when a mistaken land partition can be corrected and why a free patent obtained through fraud is void.
Partition Disputes: The Mandatory Role of Commissioners in Property Division
Philippine Supreme Court clarifies when courts must appoint commissioners to divide property in partition disputes, and the limits of the parol evidence rule.
Redundancy, Retrenchment, and Strikes: Lessons from the Hyatt Regency Manila Case
The Supreme Court balances valid downsizing against illegal strikes, explaining redundancy, retrenchment, and quitclaims in the hotel industry.
Tax Evasion vs Deficiency: When Criminal Charges Can Proceed Without Prior Assessment
Philippine Supreme Court clarifies when the BIR can file criminal tax evasion charges without a prior formal assessment, distinguishing deficiency assessments from criminal prosecution.