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 12011224 of 1,243 articles for interest

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.

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.

Right of Repurchase in Philippine Real Estate: Pacto de Retro Rules Explained

Learn the rules on pacto de retro sales and the right of repurchase in Philippine real estate, including annotation duties and judicial requirements.

Overlapping Land Titles in the Philippines: Resolving Ownership Disputes

Learn how Philippine courts resolve ownership disputes involving overlapping land titles, foreclosure, and tenant rights under agrarian reform laws.

Extrajudicial Settlements and the Protection of Minor Heirs' Rights in the Philippines

Learn how Philippine courts protect minor heirs in extrajudicial settlements, and why a minor's share cannot be lost through prescription or laches.

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.

The Duty to Prosecute Appeals: Why Inaction Can Get Your Appeal Dismissed in the Philippines

Philippine law requires appellants to actively prosecute their appeals. Learn why waiting for court notices can lead to dismissal.

Retroactivity and Creditability of Wage Increases in Collective Bargaining Agreements

Philippine Supreme Court ruling on when CBA wage increases retroact and whether they can be credited against future mandated wage increases.

Execution Pending Appeal in Philippine Election Protests: When Can a Winner Take Office Immediately

Philippine Supreme Court ruling on when execution pending appeal is allowed in election protests, and why COMELEC can stop a premature assumption of office.

Piercing the Corporate Veil: When Are Company Officers Liable for Corporate Debts in the Philippines

Philippine Supreme Court ruling on when corporate officers and close corporation stockholders can be held personally liable for separation pay.

Establishing Legal Marriage and Legitimacy in Inheritance Disputes: Balogbog v. Court of Appeals

How Philippine courts presume marriage and legitimacy in inheritance disputes, and what evidence can prove filiation when records are lost.

Who Can Represent a Municipality in Court: The Ramos Doctrine on Unauthorized Counsel

Philippine law limits who may represent a municipality in lawsuits. Learn the rules, exceptions, and effects of unauthorized private counsel appearances.

Losing Control: Understanding Loss of Jurisdiction After Appeal in Philippine Courts

When a case is appealed, the trial court loses jurisdiction. This administrative case explains the rule and its limits.

Mixed Union Membership When Supervisors Cant Join Rank AND File Unions IN THE Philippines

Philippine Supreme Court explains why a union mixing rank-and-file and supervisory employees cannot file for certification election.

Justice Delayed: The Right to Speedy Disposition of Cases in the Philippines

The Supreme Court rules that a six-year delay by the Ombudsman violates the constitutional right to speedy disposition of cases, citing Angchangco.

Encroachment Disputes: Rights and Obligations of Landowners and Builders in the Philippines

When a building encroaches on a neighbor's land, what are the parties' rights? The Supreme Court explains good faith, Article 448 options, and remedies.

Independent Counsel Safeguarding Rights In Philippine Custodial Investigations

The Supreme Court acquits two accused whose confessions were taken with the help of an NBI job applicant, not independent counsel.

Judicial Recusal: Understanding Bias and Impartiality in Philippine Courts

The Supreme Court clarifies when judges must inhibit and why late motions to disqualify are frowned upon.

Contract Bar Rule Explained: Certification Elections and CBAs in the Philippines

Learn how the contract bar rule limits certification elections during a CBA's term, based on the Formey Plastic case.

Conspiracy in Philippine Criminal Law: How Joint Criminal Liability Is Established

Explaining how Philippine courts infer conspiracy from concerted acts, using the 1996 case of People v. Villanueva and Durana.

Partitioning Property Proving Ownership AND Avoiding Legal Pitfalls IN THE Philippines

Learn how Philippine courts handle partition actions, ownership disputes, and prescription from the Catapusan case.

Affidavits of Desistance and Witness Recantations: Their Limited Impact on Philippine Criminal Cases

Philippine courts view affidavits of desistance and witness recantations with disfavor. Learn why from People v. Ballabare.

Successor Liability in Philippine Labor Law: When New Owners Inherit Labor Obligations

Learn when a successor company inherits a predecessor's labor obligations under Philippine law, based on the Caliguia ruling.