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 11771200 of 1,554 articles for requirements

Property Rights vs Self-Help: Landowners Cannot Evict Holdover Tenants Without Due Process

Philippine Supreme Court ruling on accion reinvindicatoria, property identification, and the limits of self-help in land disputes.

Court Clerk Dismissed for Misappropriating Judiciary Funds: Lessons on Fiduciary Duty

Supreme Court dismisses court clerk for misappropriating P171,450 in judiciary funds, underscoring strict accountability for court personnel.

Clerk of Court Dismissed for Misappropriating Judiciary Funds: Sollesta v. Mission

Supreme Court dismisses a clerk of court for converting P171,450 in judiciary funds, ruling restitution does not erase administrative liability.

Supplemental Complaints Upholding Justice AND Efficiency IN Legal Proceedings

Explore the Supreme Court's ruling on judicial authority in preliminary investigations, emphasizing the importance of adhering to jurisdictional boundaries and procedural rules.

Self-Defense vs. Vengeance: Defining the Limits of Justifiable Force in Philippine Law

The Supreme Court clarifies when the defense of another justifies force, and when it becomes criminal vengeance under Philippine law.

Foreclosure Validity: Proper Notice and Publication in Extrajudicial Sales

Philippine Supreme Court clarifies posting and publication requirements for valid extrajudicial foreclosure sales under Act No. 3135.

Due Process in Retrenchment: Balancing Employer Prerogative and Employee Rights

Philippine Supreme Court clarifies the distinction between just and authorized causes in dismissal, and the penalties for violating notice requirements.

Project Employees vs Regular Employees: Security of Tenure Under the Labor Code

When is a construction worker a project employee rather than a regular one? The Supreme Court clarifies the rules on tenure and illegal dismissal.

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.

Exhaustion of Administrative Remedies: A Prerequisite Before Court Action

Philippine Supreme Court ruling on why exhaustion of administrative remedies and motion for reconsideration are mandatory before judicial recourse.

VAT Refund Eligibility for PEZA-Registered Enterprises: Key Lessons from Seagate

The Supreme Court clarifies when PEZA-registered enterprises can claim VAT refunds on capital goods, distinguishing exempt entities from exempt transactions.

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.

Substantial Compliance with Procedural Rules: Certified Xerox Copies in Philippine Law

Supreme Court ruling on certified xerox copies as substantial compliance with Rule 65 requirements for petitions for certiorari.

Perfecting Appeals: The Crucial Difference Between Single and Multiple Judgments in Philippine Law

Learn when a record on appeal is required in Philippine civil procedure, and why missing this step can cost you your appeal.

Dismissal of Complaint: Balancing Promptness and the Pursuit of Justice in Philippine Courts

When can a court dismiss a complaint for lack of authority and improper certification? The Supreme Court clarifies the rules on real parties-in-interest and appeal remedies.

When Economic Hardship Doesnt Justify Termination: Separation Pay Rights

Philippine Supreme Court ruling on illegal dismissal, separation pay, and backwages when economic hardship is not a valid cause for termination.

LGU Right to Immediate Possession in Expropriation: City of Iloilo v. Legaspi

When can an LGU take immediate possession of private property in expropriation? The Supreme Court explains the 15% deposit rule.

Judicial Overreach: The Limits of Injunction Power in Philippine Courts

A Supreme Court ruling on a judge's void writ of injunction clarifies the territorial and procedural limits of injunctive relief in the Philippines.

Standing to Sue: When an Appointee Can Challenge a Disapproved Civil Service Appointment

An appointee has legal standing to challenge a CSC disapproval of an appointment, but must still possess the required eligibility.

Perfecting Appeals: Timely Payment of Appeal Fees as a Jurisdictional Requirement in Philippine Election Law

Learn how timely payment of appeal fees is a jurisdictional requirement in Philippine election law, based on Supreme Court rulings.

Citizenship Reacquisition Completing Repatriation FOR Elective Office Eligibility

When must a repatriated citizen complete the requirements to run for local office? The Supreme Court explains.

Piercing the Veil When Trust Turns to Deceit in Property Disputes

When a foreigner entrusts money to friends to buy property, but the deed names them as owners, Philippine courts apply solutio indebiti to compel reconveyance.

Eminent Domain and Due Process: Protecting Property Rights in Expropriation Cases

The Supreme Court nullified Cebu City's expropriation ordinance, reaffirming that due process and strict legal compliance limit local governments' power of eminent domain.

Option to Purchase vs Contract to Sell: Understanding Property Rights and Obligations

The Supreme Court clarifies the distinction between an option to purchase and a contract to sell, and the consequences of failing to comply with their terms.