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 143 articles for due process

Can an RTC Annul a DARAB Decision? Jurisdiction in Agrarian Disputes

RTCs generally cannot annul DARAB decisions—they are co-equal bodies. Appeals must go to the Court of Appeals.

Illegal Demolition as Grave Coercion: Property Rights and Due Process in the Philippines

When does demolition become a crime? The Sy case shows how unlawful property destruction can constitute grave coercion under Philippine law.

When a Security Guard Can Validly Receive Summons: The Robinson v. Miralles Doctrine

The Supreme Court ruled that substituted service of summons through a security guard can be valid when a defendant obstructs personal service.

B.P. 22 Conviction Requires Proper Presentation of Notice of Dishonor: The Tan Case

A B.P. 22 conviction requires the prosecution to properly present the notice of dishonor in court; failure to do so negates the presumption of knowledge of insufficient funds.

Quieting Title and Due Process: Notice of Raffle and Voluntary Submission to Jurisdiction

Learn how notice of raffle and voluntary appearance affect jurisdiction in quieting title cases, based on a 2006 Supreme Court ruling.

Bound by Your Lawyer’s Mistakes? Client Responsibility Under Philippine Law

Philippine courts generally hold clients responsible for their lawyers' negligence. Only gross negligence that deprives a client of due process warrants relief.

Demolition of Illegal Structures: When a Court Order Is Required in the Philippines

Philippine law generally requires a special court order before a city may demolish existing structures, even those built without permits. Learn the rules.

Certiorari Without Motion for Reconsideration: Exceptions Under Rule 65

Learn when Philippine courts allow a direct petition for certiorari without a prior motion for reconsideration, based on the PAL-PESALA case.

Motion for Reconsideration Before Sandiganbayan: No Hearing Required for Finality

A Sandiganbayan decision is not final until it properly resolves a motion for reconsideration—even if the motion was not set for hearing.

Sleeping on the Job: When Can Philippine Employers Terminate for Just Cause?

Philippine employers may terminate employees for sleeping on duty if company rules are violated, but due process and proportionality still matter.

Forcible Entry in the Philippines: Why Prior Possession Wins Cases

Learn how prior physical possession, not ownership, decides forcible entry cases in the Philippines, guided by Dumo v. Espinas.

Illegal Preventive Suspension in the Philippines: The Gatbonton Case and Employee Rights

When is preventive suspension illegal in the Philippines? The Gatbonton v. Mapua ruling explains due process, publication of rules, and back wages.

Extraterritorial Service of Summons: Due Process for Non-Resident Defendants

Philippine courts must strictly comply with rules on extraterritorial service of summons before declaring non-resident defendants in default.

Service by Publication in the Philippines: Strict Rules for Valid Summons

Learn the strict requirements for valid service of summons by publication in the Philippines, and why procedural lapses can void court judgments.

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.

Forgery Claims and Document Production: The Right to Examine Evidence in Court

When can a court deny a motion to examine documents for forgery? The Supreme Court clarifies the limits of judicial discretion.

Third-Party Claims in Philippine Execution Sales: Protecting Your Property

Learn how spouses and third parties can protect their property from wrongful execution sales in the Philippines, based on the Supreme Court's ruling in Naguit v. Court of Appeals.

Cutting Utility Lines Without a Permit: Unjust Vexation Under Philippine Law

Learn how the Supreme Court's ruling in Ong Chiu Kwan v. Court of Appeals treats unauthorized cutting of utility lines as unjust vexation.

Reasonable Doubt in Philippine Rape Cases: People v. Desamparado Explained

How the Supreme Court acquitted a rape accused despite medical evidence, and what this means for Philippine criminal justice.

Loss of Trust and Confidence as a Valid Ground for Dismissal: The Vitarich Case

Philippine law requires more than an employer's mere assertion of lost trust to justify dismissal. Learn the rules from Vitarich v. NLRC.

Escheat of Unclaimed Bank Deposits in the Philippines: Procedure and Due Process

Learn how Philippine escheat law works for unclaimed bank deposits, why publication is required, and why certiorari cannot replace a missed appeal.

Hearsay Evidence in Philippine Courts: When Sworn Statements Are Admissible

Sworn statements can be admitted in Philippine courts not to prove their truth, but to show they were made. Learn the hearsay rule's limits.

Employer Subsidiary Liability in Philippine Criminal Law: The Catacutan Doctrine

Philippine employers can be held subsidiarily liable for damages from employees' criminal negligence. Learn the rules from Catacutan v. Heirs of Kadusale.

Demolition Requires Special Court Order: Morta v. Sañez and Due Process

A writ of execution does not authorize demolition. A special court order after notice and hearing is required under Rule 39, Section 10(d).