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 equity

Jurisdiction by Estoppel: When Active Court Participation Bars a Jurisdictional Challenge

Philippine Supreme Court explains when a party's active participation in a case can bar it from later questioning the court's jurisdiction.

Custody Agreements Contrary to Child's Best Interests Are Void

Philippine Supreme Court ruling on joint custody agreements for children under seven and the best interests standard.

VAT Refund Eligibility Zero Rated Sales and the San Roque Power Case

A look at the San Roque Power case, clarifying VAT refund eligibility for zero-rated sales under Philippine tax law.

Exhaustion of Administrative Remedies in CLOA Cancellation Cases: A Property Law Primer

Learn why a landowner's direct appeal to the Court of Appeals failed in a CLOA cancellation case, and the importance of exhausting administrative remedies.

Equitable Reduction of Liquidated Damages in Construction Delays: Balancing Contractual Obligations and Fairne

Philippine Supreme Court explains when courts may reduce liquidated damages in construction delay cases, balancing contract terms with equity.

Sangguniang Bayan Concurrence in Municipal Appointments: A Mandatory Requirement

The Supreme Court ruled that municipal appointments require Sangguniang Bayan concurrence; without it, the appointment is invalid regardless of tenure.

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.

Loss of Redemption Rights: Inheriting Property After Mortgage Foreclosure in the Philippines

When a mortgaged property is foreclosed and not redeemed, heirs lose inheritance rights. The Supreme Court explains why.

Insider Trading Rules Stand Even Without Implementing Rules, High Court Rules

Supreme Court clarifies insider trading provisions are self-executing and enforceable even without implementing rules, protecting investors.

Parol Evidence Rule and Oral Agreements in Lease Contracts: Key Lessons from Amoncio v. Benedicto

When can oral agreements modify a written lease? The Supreme Court explains the parol evidence rule and its exceptions.

Illegal Dismissal of OFW: When Tardiness Is Not a Valid Ground for Termination

Philippine Supreme Court clarifies when a single act of tardiness cannot justify dismissing an overseas Filipino worker, and how illegal dismissal damages are computed.

Quantum Meruit and COA Disallowances: What Contractors Must Know

The Supreme Court affirms COA's power to determine overpayments to government contractors under quantum meruit, and explains when belated jurisdictional challenges are barred.

Backwages in Illegal Dismissal: When the Employer’s Obligation Ends

Backwages in illegal dismissal accrue until actual reinstatement or payment of separation pay, per Mt. Carmel College v. Resuena.

Mootness in Corporate Mergers: SSS Investment Disposition Examined

When a corporate merger dissolves the subject shares, a case over their sale becomes moot. The Supreme Court explains.

Mandatory Tender Offers and Indirect Acquisitions: Protecting Minority Shareholders

The Supreme Court ruled that indirect acquisitions triggering control of a public company are subject to the mandatory tender offer rule.

Finality vs Appeal: When an Unreadable Decision Tolls the Appeal Period

The Supreme Court clarifies when an unreadable court decision interrupts the appeal period, balancing procedural rules against substantial justice.

When Can a Court Reinstate a Dismissed Appeal: Procedural Lapses in Philippine Law

Philippine Supreme Court explains when procedural lapses in appeals may be overlooked to serve substantial justice, with rules on prescription of mortgage actions.

Prescription in Mortgage Foreclosure: When the Clock Starts Ticking in the Philippines

Philippine Supreme Court clarifies that the 10-year prescriptive period for mortgage foreclosure runs from default, not from the mortgage date.

Lost Goods in Customs Custody: Government Liability and Revival of Judgments

A guide to government liability for lost goods in customs custody, revival of judgments, and legal interest rules under Philippine law.

Piercing the Corporate Veil in the Philippines: When Parent Companies Pay Subsidiary Debts

Philippine courts can hold parent companies liable for subsidiary debts when the subsidiary is a mere instrumentality. Learn the rules from General Credit v. Alsons.

Legislative Inquiry vs Executive Privilege: The PCGG Testimony Case

The Supreme Court ruled PCGG officials must testify before Senate inquiries, striking down Section 4(b) of E.O. No. 1 as unconstitutional.

Balancing Right to Work and Employer Prerogative: Absences and Termination

Philippine Supreme Court ruling on when excessive absences justify dismissal, emphasizing proportional penalties and employer burden of proof.

Dilatory Tactics and the Five-Year Rule: When Delaying Execution Backfires

The Supreme Court condemns a losing party's dilatory tactics that delayed execution of a final judgment for years, clarifying the five-year rule on execution by motion.

Falsified Documents Can Transfer Property in the Philippines: The Legal Reality

Can forged deeds transfer land in the Philippines? Philippine law says no—but the legal system has limits. Learn the rules on falsified documents.