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 97113 of 113 articles for litigation

Certiorari vs Appeal: Choosing the Right Remedy in Philippine Courts

Learn when to file certiorari versus appeal in Philippine courts, based on the Supreme Court's ruling in Asian Trading Corporation v. Court of Appeals.

Missed Appeal Deadlines in the Philippines: Strict Rules, Rare Exceptions

Philippine courts strictly enforce the 15-day appeal period. Missing it can end a case, with only truly exceptional circumstances excusing delay.

Priority in Land Titles: Why Earlier Registration Wins in Philippine Property Disputes

When two titles cover the same land, the earlier registration generally prevails. Learn the rule and how to protect your property.

Delayed Reporting in Rape Cases: Why Fear and Trauma Don't Discredit a Victim

Philippine Supreme Court ruling affirms that delayed reporting of rape doesn't automatically discredit a victim's testimony.

Refiling a Dismissed Case in the Philippines: When a Technical Dismissal Is Not Final

A Philippine Supreme Court ruling explains when a procedural dismissal is without prejudice, allowing a case to be refiled.

Service by Registered Mail in the Philippines: When Deadlines Start Ticking

Understand when service by registered mail is complete in Philippine courts, and how insufficient postal certifications can protect your right to due process.

Right of Way Easements in the Philippines: The Least Prejudice Rule and Due Process

Philippine courts require hearing all affected landowners in right of way disputes. Learn the least prejudice rule from Almendras v. Court of Appeals.

Failure to File Corporate By-Laws: Not Automatic Dissolution in the Philippines

Philippine Supreme Court ruling clarifies that failing to file corporate by-laws on time does not automatically dissolve a corporation.

Counterclaims After Complaint Dismissal: Philippine Rules Explained

Learn when counterclaims survive dismissal of the main complaint under Philippine civil procedure, based on the Fletcher Challenge case.

Implied Trusts in Philippine Property Law: When a Titleholder Is Not the True Owner

Learn how implied trusts work under Philippine law, the gift presumption for children under Article 1448, and key lessons from Morales v. Court of Appeals.

Lis Pendens in the Philippines: When a Defendant Can Protect Property Rights

Learn when a defendant can register a notice of lis pendens in the Philippines, even without a registered title, based on a Supreme Court ruling.

Docket Fees and Jurisdiction: Re-Filing a Case After Dismissal for Improper Venue

When a case is dismissed for improper venue, must new docket fees be paid upon re-filing? The Supreme Court clarifies the rule.

Equitable Mortgage vs. Pacto de Retro Sale: When a "Sale" Is Really a Loan

Philippine law presumes certain "sales with right to repurchase" are equitable mortgages, protecting borrowers from unfair lending arrangements.

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.

Lease Abandonment and Tenant Rights: The Paterno v. Court of Appeals Case

The Supreme Court's ruling in Paterno v. Court of Appeals clarifies when a tenant's departure amounts to lease abandonment and what it means for landlords and occupants.

Counterclaims in Criminal Cases: When Can the Accused Seek Damages?

The Supreme Court in Cabaero v. Cantos clarifies when an accused may file a counterclaim for damages in a criminal case, and when a separate civil action is required.

Service of Court Decisions in the Philippines: The Laza Case and Due Process

Learn how Philippine courts rule on valid service of decisions, the "sufficient discretion" standard, and the Laza v. Court of Appeals case.