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 197 articles for pleadings

Eviction from Military Reservations: Government Authority and Squatters' Rights in the Philippines

Philippine Army v. Pamittan clarifies when the government may evict occupants of military reservations without a court order and the limits of squatters' rights.

Verification and Certification Against Forum Shopping: Why All Petitioners Must Sign

A single unsigned verification can dismiss a case. Learn the strict rules on certification against forum shopping from Formoso v. PNB.

Upholding Arbitration Separability Doctrine in Contract Disputes

The Supreme Court clarifies that a party's repudiation of a main contract does not invalidate its arbitration clause, reinforcing the separability doctrine.

Missed Filing Deadlines in Philippine Courts: Lessons from Barangay Dasmariñas vs. Creative Play Corner School

Learn how strict Philippine court filing deadlines are, and why a missed extension cost Barangay Dasmariñas its case before the Court of Appeals.

Indispensable Parties in Certiorari Petitions: The Rule on Due Process

Why omitting an indispensable party in a certiorari petition can invalidate proceedings and how to avoid this procedural pitfall.

Arraignment Delay Denied: Why Speedy Trial Rights Trump Second Motions for Reconsideration

Philippine Supreme Court clarifies when a second motion for reconsideration may be denied to protect the accused's right to speedy trial.

Implied Admission in Philippine Law: Navigating Requests for Admission in Civil Cases

When does a failure to respond to a Request for Admission trigger implied admission? The Supreme Court clarifies the limits under Rule 26.

When Late Appeal Briefs Get Dismissed: Lessons from a Property Dispute

The Supreme Court explains when late filing of an appeal brief justifies dismissal, using a property dispute as a cautionary example.

Authority to Represent: The Limits of Legal Representation for Government-Owned Corporations

A Supreme Court ruling clarifies when lawyers may appear for GOCCs, requiring OGCC and COA approval before private counsel can act.

Attorney Suspended Two Years for Facilitating Cooperative Takeover and Baseless Suits

Supreme Court suspends lawyer for two years for violating the Lawyer's Oath and Code of Professional Responsibility in a cooperative board takeover.

Priority of Land Titles: Tracing Back to Original Certificates of Title

When two Torrens titles cover the same land, the earlier one prevails. Tracing back to original certificates of title is key.

Partition Disputes: The Mandatory Role of Commissioners in Property Division

Philippine Supreme Court clarifies when courts must appoint commissioners to divide property in partition disputes, and the limits of the parol evidence rule.

Illegal Dismissal: Proving Valid Cause and the Right to Reinstatement and Backwages

Learn the rules on illegal dismissal, valid cause, and the employee's right to reinstatement and backwages from this Philippine Supreme Court case.

Finality of DARAB Decisions: No Reopening Despite Alleged Errors

A final DARAB ruling is immutable. Learn why the Supreme Court barred a tenant from reopening his case despite claims of jurisdictional errors.

Sharia Court Jurisdiction Determining Muslim Status For Estate Settlement

The Supreme Court clarifies when Sharia District Courts may hear estate cases and determine if a deceased person was Muslim.

Perjury and Venue: Where the False Statement Truly Matters

A look at how the Supreme Court ruled that venue in perjury cases depends on where the false statement is used, not where it is notarized.

Final Judgments and Clerical Errors: The PhilHealth v. Chinese General Hospital Case

When a final judgment contains a clerical omission, courts may clarify it by reading the decision as a whole.

Relief From Judgment Not Available in the Supreme Court: Purcon v. MRM Philippines

The Supreme Court explains why a petition for relief from judgment under Rule 38 cannot be filed in the High Court.

Upholding Corporate Stability When Courts Defer to Internal Disputes

How the Supreme Court resolved a family corporate dispute by deferring to amended pleadings, docket fee rules, and the limits of injunctions.

Venue Rules in Personal Actions: Why the Principal Plaintiff's Residence Matters

Supreme Court clarifies venue rules for personal actions, emphasizing the principal plaintiff's residence determines proper venue, not nominal co-plaintiffs.

Dismissal Based on Theft: Upholding Employee Termination for Unauthorized Disposal of Company Property

Supreme Court rules on valid dismissal for theft of company property and the due process requirements in employee termination cases.

Certiorari vs Appeal: Choosing the Proper Remedy in Philippine Law

Philippine Supreme Court explains why appeal and certiorari are mutually exclusive remedies, and why procedural rules matter in extraordinary actions.

Corporate Rehabilitation, Foreclosure, and Judicial Independence: Key Lessons from Rombe Eximtrade

A Supreme Court ruling clarifies when courts may issue injunctions against foreclosure after a rehabilitation case is dismissed.

Gross Receipts vs. Gross Revenue: The Tax Base for Contractors in the Philippines

The Supreme Court clarifies that local business tax on contractors is based on gross receipts, not gross revenue.