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 175 articles for demand letter

Disbarment for Abuse of Legal Processes: Protecting Clients and the Justice System

A lawyer's failure to pay just debts is gross misconduct. The Supreme Court affirms disbarment for habitual non-payment and deceit.

Losing the Right to Appeal: Why Timeliness Is Everything in Philippine Law

Timeliness is the lifeblood of appeals in Philippine courts. Learn why missing a deadline can forfeit a litigant's right to be heard.

Demand Is Key to Rescission Rights in Philippine Contract Law

Philippine Supreme Court clarifies that demand is essential before rescission or foreclosure rights can be exercised under contract law.

Upholding Possession Jurisdiction in Forcible Entry Cases and the Significance of Juridical Acts

Learn how the Supreme Court ruled on forcible entry jurisdiction, possession through juridical acts, and the one-year prescriptive period.

Prior Physical Possession Prevails: Understanding Forcible Entry in Philippine Law

Philippine Supreme Court clarifies forcible entry rules: prior physical possession, not ownership, determines who stays on the property until lawful ejectment.

Credit Card Interest Rates: Balancing Lender Rights and Borrower Protection in the Philippines

The Supreme Court limits credit card interest and penalty rates to 2% monthly, balancing lender rights with borrower protection.

Voluntary Appearance and Motion to Dismiss: When Filing Confers Jurisdiction in Philippine Courts

Philippine Supreme Court ruling on when filing a motion to dismiss without raising lack of jurisdiction constitutes voluntary appearance.

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.

When Can a Club Seize a Member's Share? The Valley Golf Case on By-Laws and Property Rights

A club cannot seize a fully paid membership share for unpaid dues without proper notice and hearing, says the Supreme Court.

Membership Termination in Non-Stock Corporations: Safeguarding Property Rights

The Calatagan Golf Club case clarifies that non-stock corporations must strictly follow their own by-laws before terminating membership or selling shares.

Probable Cause vs Prosecutorial Discretion: The Metrobank v. Gonzales Ruling on Trust Receipt Estafa

The Supreme Court clarifies the limits of the Secretary of Justice's power to reverse probable cause findings in trust receipt estafa cases.

Delayed Retirement Benefits: Balancing Public Service and Official Discretion

A retired bookkeeper's unpaid terminal leave leads to graft charges against a mayor, but the Supreme Court dismisses the case on procedural grounds.

Investment or Loan? The Estafa Trap in Misrepresented Business Ventures

When a business deal fails, is it a breach of contract or estafa? The Supreme Court clarifies when false pretenses turn a failed investment into a criminal offense.

Guarantor's Defense of Excussion: What the Supreme Court Requires

Explaining the benefit of excussion for guarantors under Philippine law, based on the Supreme Court's ruling in Bitanga v. Pyramid Construction.

BP 22 Cases Not Suspended by Corporate Rehabilitation: Tiong Rosario v. Co

Corporate rehabilitation suspends claims against a company, but not criminal prosecution of officers for bouncing checks under BP 22.

Extrajudicial Lease Termination: When a Demand Letter Suffices to End a Lease

Philippine Supreme Court ruling on when a lessor's demand letter validly terminates a lease and allows extrajudicial repossession.

Extrajudicial Termination Clauses in Lease Agreements: What the Supreme Court Says

The Supreme Court clarifies when a lessor may validly terminate a lease and repossess property without court action under Philippine law.

Breach of Trust in Employment: When a Demand Letter Leads to Dismissal

A managerial employee's demand letter against her employer can justify dismissal for breach of trust under Philippine labor law.

B.P. 22 Appeals: Failure to Serve Solicitor General Justifies Dismissal

Learn why failing to serve the Solicitor General in a B.P. 22 appeal can be fatal, and what procedural rules apply.

The Fine Line Between Unpaid Bills and Criminal Fraud Estafa in Restaurant Settings

When does an unpaid restaurant bill become a criminal offense? A Supreme Court ruling clarifies when non-payment crosses into estafa.

Protecting Consumers: Illegal Disconnection and Utility Company Liability

Supreme Court ruling on Meralco's liability for illegal disconnection without notice, and the limits of differential billing claims.

Lease or Disguised Sale: Recto Law Protects Lessees in Equipment Financing Agreements

When is a lease really a sale? The Supreme Court explains how the Recto Law shields lessees in disguised financing deals.

Publication Requirement for Tax Ordinances: A Prerequisite to Enforceability

Philippine Supreme Court clarifies that publication of local tax ordinances is a condition precedent to their enforceability and collection.

Unlawful Detainer Cases: Jurisdiction, Demand Requirements, and the Perils of Procedural Lapses

Understand the Laraño v. Calendacion ruling on unlawful detainer jurisdiction, demand requirements, and why procedural compliance matters in ejectment cases.