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 97120 of 193 articles for demand

PEZA Tax Exemption: Instrumentality of National Government and Real Property Tax

Supreme Court rules PEZA is exempt from real property tax as an instrumentality of the national government, clarifying local taxing limits.

Treble Costs Under Rule 65: When Courts May Penalize Frivolous Petitions

The Supreme Court clarifies that treble costs under Rule 65 are discretionary, requiring clear justification, not automatic penalties.

Habeas Corpus and Child Custody: Where to File and When a Court Has Jurisdiction

The Supreme Court clarifies that a habeas corpus writ for child custody is enforceable across the entire judicial region, not just the city where filed.

Lawyer Suspended for Neglect and Unethical Advice: Pitcher v. Gagate

The Supreme Court suspended a lawyer for three years for improper advice, neglect, and abandonment of a client in estate matters.

Probation Revocation in the Philippines: New Offenses and Due Process

Learn when Philippine courts can revoke probation for a new offense, and what due process requires in revocation proceedings.

Concubinage, Condonation, and the Ombudsman's Power: Key Lessons from Busuego v. Ombudsman

The Supreme Court clarifies when a wife's knowledge of infidelity amounts to condonation of concubinage, and affirms the Ombudsman's broad investigative powers over public officers.

Attorney’s Fees in the Philippines: When Courts Can Award Them

Philippine courts cannot award attorney's fees without clear justification. Learn the rules under Article 2208 of the Civil Code.

Can One Co-Owner File an Ejectment Case Alone? Yes, Says the Supreme Court

A co-owner can file an ejectment suit without joining other co-owners, as ruled in Catedrilla v. Lauron. Learn the rules.

Motion for Reconsideration Before Certiorari: The Novateknika Rule

Philippine courts require a motion for reconsideration before filing certiorari. Learn the rule, its exceptions, and why it matters.

Loss of Trust and Confidence: When Can Philippine Employers Dismiss Managerial Employees?

The Supreme Court in Manese v. Jollibee clarifies the less stringent standard for dismissing managerial employees for loss of trust and confidence.

Attempted Estafa in the Philippines: Proving Intent to Defraud and Penalties

Learn how Philippine courts prove intent to defraud in attempted estafa cases, the elements of the crime, and the applicable penalties under the Revised Penal Code.

Timely Transcript Submission: Court Stenographer Suspended for Delayed TSNs

Supreme Court suspends court stenographer for chronic TSN delays, underscoring that efficiency and compliance with Administrative Circular No. 24-90 are mandatory in the judiciary.

Breach of Contract in Construction: Completion, Damages, and Mutual Breach Under Philippine Law

When both contractor and client breach a construction contract, Philippine courts equitably adjust damages. Learn the rules from a Supreme Court ruling.

No Intent, No Crime: Illegal Possession of Counterfeit Money in the Philippines

Philippine law requires intent to use for counterfeit money possession to be a crime. Learn the rules from a landmark Supreme Court ruling.

Verification and Certification Against Forum Shopping: Why All Petitioners Must Sign

A single unsigned verification can dismiss a case. Learn the strict rules on certification against forum shopping from Formoso v. PNB.

Direct Contempt of Court: Limits, Penalties, and Remedies Under Philippine Law

Learn the limits of direct contempt in Philippine courts, including penalties, due process rights, and remedies like certiorari.

Option Contract vs. Right of First Refusal: Key Differences Under Philippine Law

Learn the difference between an option contract and a right of first refusal in Philippine real estate, based on the Supreme Court's ruling in Tuazon v. Del Rosario-Suarez.

Void Contracts and Recovery: The Good Faith Exception Under Article 1412

When a contract is void for illegality, can an innocent party recover what was paid? Magoyag v. Maruhom explains the good faith exception.

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.

Barangay Boundary Disputes: Why Cadastral Maps Beat Tax Records

In boundary disputes between barangays, the Supreme Court gives greater weight to cadastral maps approved by the Director of Lands than to tax declarations.

When Is a Consignee Liable for Freight? The MOF v. Shin Yang Rule

A consignee named in a bill of lading is not automatically liable for freight charges. The Supreme Court explains when liability attaches.

Residency vs. Domicile in Philippine Elections: The Pundaodaya Ruling

The Supreme Court clarifies that voter registration and property ownership do not prove election residency, which legally means domicile.

Debt Recovery Execution: Waiver of Demand and Proving Overlevy

Learn when a sheriff's failure to demand payment is excused and how to prove overlevy in execution sales under Rule 39.

Official Duty vs. Discourtesy: When Public Officials Cross the Line

The Supreme Court clarifies that public officials cannot hide behind official duty to justify discourtesy, reaffirming public office as a public trust.