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 97118 of 118 articles for execution

Statute of Limitations in Philippine Contract Law: The 10-Year Rule for Written Contracts

Learn the 10-year prescriptive period for written contracts in the Philippines, when it starts, and how the Supreme Court applied it in a stock pledge dispute.

Sheriff’s Authority in Property Levy: What Francisco v. Cruz Teaches About Execution Sales

Learn how Francisco v. Cruz defines a sheriff’s limits in property levy and execution sales, and how to protect your rights.

Execution of Judgment in Ejectment Cases: Why the Court of Origin Matters

In ejectment cases, execution of an affirmed judgment generally belongs to the trial court of origin, not the appellate court. A Supreme Court ruling clarifies why.

Immediate Execution of RTC Ejectment Judgments: What the Supreme Court Has Held

When the RTC affirms an ejectment ruling, the order to vacate is immediately enforceable—even if the losing party appeals. Here's why.

Can Foreigners Own Land in the Philippines? Donation vs. Inheritance Rules

Philippine law bars foreigners from owning land except by inheritance. Learn why a quitclaim deed to an American son failed as a donation.

Execution Pending Appeal in the Philippines: When Can a Judgment Be Enforced Immediately?

Learn when Philippine courts may allow execution pending appeal, the good reasons required, and the safeguards protecting a losing party's right to appeal.

Legal Interest in Philippine Judgments: Simple vs. Compound Interest Explained

Philippine courts apply simple legal interest on monetary judgments unless compound interest is explicitly stipulated. Learn the rules from David vs. Court of Appeals.

Conspiracy and Mastermind Liability in Philippine Murder Cases: The Sanchez Doctrine

How Philippine courts hold crime masterminds liable for murder through conspiracy, even when they never appear at the crime scene.

Valid Search Warrants in the Philippines: Probable Cause and Specificity

Philippine law requires probable cause and particular description for valid search warrants. Kho v. Makalintal clarifies how specific these must be.

When Is a Sheriff Liable for Wrongful Execution? The De Guzman Rule

Philippine law shields sheriffs who execute judgments in good faith and with an indemnity bond. Learn the rules on wrongful execution and third-party claims.

Torrens Title vs. Acquisitive Prescription: Why Registered Land Prevails in the Philippines

A Torrens title defeats claims of ownership by long possession. Learn the Ramos v. Bautista ruling and how to protect registered land.

Employee vs. Independent Contractor: The Four-Fold Test Under Philippine Law

Philippine courts use the four-fold test to distinguish employees from independent contractors. Control is the key factor.

Positive Identification in Murder Cases: The Delmendo Ruling on Eyewitness Testimony

How the Supreme Court in People v. Delmendo weighed eyewitness testimony, positive identification, and treachery in affirming a murder conviction.

Premature Writ of Demolition: Due Process and the Sheriff's Duty in Philippine Execution

When can a sheriff implement a writ of demolition, and what happens when a motion for reconsideration is pending? The Supreme Court's ruling in A.M. No. P-98-1268 offers guidance.

Defense of a Relative in the Philippines: Proving Unlawful Aggression

Philippine law allows defense of a relative, but only if unlawful aggression is clearly proven. A Supreme Court case shows why.

Redemption After Execution Sale: Ownership Disputes Do Not Stop the Clock

Philippine law gives judgment debtors one year to redeem property sold at execution. Ownership disputes do not suspend that deadline.

Sheriff’s Sales in the Philippines: Notice Rules and What Torres v. Cabling Teaches

Learn the notice and payment rules for sheriff’s sales in the Philippines, explained through the landmark case of Torres v. Cabling.

Conditions vs. Warranties in Philippine Sales Contracts: The Power Commercial Case

Learn how Philippine law distinguishes contract conditions from warranties, and when a seller's failure to deliver possession justifies rescission.

Receivership in the Philippines: When Courts Appoint a Receiver Under Rule 59

Learn when Philippine courts may appoint a receiver under Rule 59, based on the Supreme Court's ruling in Commodities Storage & Ice Plant Corp. v. CA.

Sheriff’s Fees in the Philippines: Rules, Limits, and the Abellera Case

Learn the legal limits on sheriff’s fees in the Philippines, the Abellera ruling on excessive charges, and practical safeguards for litigants.

Treachery (Alevosia) in Philippine Murder Cases: The Apawan Ruling Explained

Learn how treachery (alevosia) qualifies a killing as murder under Philippine law, based on the Supreme Court's ruling in People vs. Apawan.

Attempted Rape in the Philippines: Elements, Intent, and Legal Consequences

Learn the legal distinction between consummated and attempted rape in the Philippines, including the elements of intent, overt acts, and interruption.