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.
Equitable Mortgages Have No Redemption Right in Judicial Foreclosure for Private Mortgagees
In a judicial foreclosure of an equitable mortgage by a private lender, the mortgagor has no right of redemption after confirmation of sale.
DARAB Contempt Powers: Why Arrest Orders Must Come From Courts
The Supreme Court limits DARAB's contempt power—arrest orders for indirect contempt must come from the Regional Trial Court, not administrative bodies.
When Constitutional Limits Bar Recovery of Illegally Acquired Property
Philippine Supreme Court explains why an alien who bought land through a Filipino cannot recover the property or his money.
Landlord Rights Prevail Recovering Possession Despite Ownership Claims
Philippine Supreme Court ruling on when tenants cannot appeal denial of new trial and how counsel's errors bind clients.
Sovereign Immunity Contracts With Foreign States AND Waiver OF Immunity
Explaining the Supreme Court's ruling in Republic of Indonesia v. Vinzon on foreign sovereign immunity, waiver clauses, and embassy maintenance contracts.
Compulsory vs Permissive Counterclaims: When Court Fees Are Not Required in Loan Disputes
Learn when a counterclaim in a loan dispute is compulsory and exempt from docket fees, based on a 2003 Supreme Court ruling.
Perfecting a Sale vs. Transfer of Ownership: Forged Documents and Land Disputes
Philippine Supreme Court clarifies when ownership transfers in a sale, and why forged documents cannot defeat a registered owner's title.
Proving Smuggling Without the Seized Goods: Witness Testimony as Corpus Delicti
The Supreme Court rules that smuggling can be proven by credible witness testimony alone, even without presenting the seized contraband in court.
Contract to Sell vs Contract of Sale: Understanding Conditions and Obligations
Learn the key differences between a contract to sell and a contract of sale under Philippine law, including when ownership transfers and what obligations arise.
Retroactivity vs Prospectivity: Protecting Vested Rights in Agrarian Reform Appeals
The Supreme Court clarifies when its ruling on the proper mode of appeal in agrarian cases applies, protecting vested rights.
Breach of Contract: When a Separate Land Title Is a Condition Precedent to Payment
Philippine Supreme Court ruling on when failure to deliver a separate land title justifies a buyer's refusal to pay the balance under a contract of sale.
Retroactivity of Remedial Laws: Clarifying the Period for Filing Certiorari Petitions
The Supreme Court clarifies when the 60-day period for filing certiorari petitions is counted, applying amended procedural rules retroactively.
Foreclosure Sales: Strict Compliance With Publication Requirements
When a postponed foreclosure sale proceeds without republication of notice, the sale is void. Learn the rules from Ouano v. Court of Appeals.
Reconstitution of Lost Title: Court Clarifies Burden of Proof Under RA 26
Supreme Court clarifies the rules on judicial reconstitution of lost titles, emphasizing the order of sources and burden of proof under RA 26.
Upholding Notarial Duties: Consequences for Improper Document Acknowledgment
A notary public who acknowledges a document without the signatories appearing before him violates the law on notarial acknowledgment and faces suspension.
Attorney Misappropriation of Client Funds: Fiduciary Duty and Ethical Obligations of Lawyers
When a lawyer mishandles client money, the Supreme Court does not take it lightly. Learn the ethical rules and consequences.
Contempt of Court for Re-Entering Property After Execution of Judgment
When a final judgment orders you to vacate property, re-entering it can lead to contempt of court. Learn from this Philippine case.
Checks as Guarantee in Loan Agreements: No Estafa Without Deceit
Supreme Court clarifies that postdated checks as loan guarantees do not constitute estafa absent proof of fraud or deceit.
HLURB Jurisdiction vs Unlawful Detainer: Defining the Boundaries in Property Disputes
The Supreme Court clarifies when the HLURB has jurisdiction over subdivision lot disputes and when ejectment cases belong in regular courts.
Upholding Ejectment: The Finality of Judgments and Timeliness in Appeals
The Supreme Court affirms ejectment, stressing that a late motion for reconsideration fails to stop a judgment from becoming final and executory.
Finality of Judgment in Disbarment Cases: The Bihag v. Era Resolution
The Supreme Court enforces final disbarment decisions, citing a lawyer for contempt and ordering execution of the judgment.
Breach of Trust Establishing Estafa in Misappropriated Funds
Supreme Court ruling on when misappropriating advance payments constitutes estafa under Article 315 of the Revised Penal Code.
Resolving Conflicting Supreme Court Decisions: The Doctrine of Law of the Case
When two Supreme Court divisions issue conflicting final rulings, the en banc resolves the impasse. Learn the law of the case doctrine.
Sale vs Promise to Sell: When Ownership Passes in Real Estate Deals
Philippine Supreme Court clarifies the difference between a contract of sale and a promise to sell, and when ownership actually transfers to the buyer.