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 12731296 of 2,303 articles for writ

Judicial Misconduct When Ignorance of the Law and Delay Taint Justice

A judge's dismissal of a case despite a party's active participation, plus undue delay in resolving a motion, draws fines from the Supreme Court.

Breach of Trust in Employment: When a Demand Letter Leads to Dismissal

A managerial employee's demand letter against her employer can justify dismissal for breach of trust under Philippine labor law.

Pre-Proclamation Controversies in Senatorial Races: Pimentel v. COMELEC Explained

The Supreme Court in Pimentel v. COMELEC limits pre-proclamation challenges in senatorial races, directing disputes to election protests instead.

Piercing the Corporate Veil: When Corporate Officers Can Be Held Personally Liable

The Supreme Court clarifies when corporate officers may be personally liable for labor claims, and why final judgments cannot be altered to pierce the corporate veil.

Vasectomy and Mutilation: Defining the Boundaries of Reproductive Rights Under Philippine Law

The Supreme Court clarifies the distinction between lawful vasectomy and criminal mutilation, affirming reproductive rights under Philippine law.

Dismissal vs Compassion: Balancing Employee Misconduct and Employment Security

The Supreme Court ruled that dismissal was too harsh for an employee's lapses during family crises, affirming that compassion tempers discipline.

Finality Prevails: Condonation of an Audit Disallowance After Supreme Court Affirmation Is Unacceptable

The Supreme Court rules that a final audit disallowance affirmed with finality cannot be condoned by a government agency, upholding COA's execution powers.

Medical Certificate Authentication: Proving Physical Injuries in Philippine Courts

Learn how Philippine courts treat medical certificates as evidence, why authentication matters, and what Postanes v. People teaches litigants.

Balancing Privacy, Bank Inquiry Orders, and Due Process in Anti-Money Laundering Cases

The Supreme Court rules that AMLA bank inquiry orders cannot be issued ex parte, protecting depositors' right to due process.

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.

Balancing Public Welfare and Business Interests: The Manila Oil Depot Relocation Case

The Supreme Court upheld Manila's Ordinance No. 8027, ordering oil companies to relocate from Pandacan, balancing public safety with business interests.

Attorney Suspended for Neglect and Mishandling Client's Property

Supreme Court suspends lawyer for two years for failing to render legal services, returning money late, and withholding client's title and documents.

Finality of Judgments, Due Process, and Counsel's Negligence in Contract Rescission

A Supreme Court ruling on finality of judgments, due process, and counsel's negligence in a construction contract rescission case.

Certiorari Dismissed Untimely Appeals AND THE Finality OF Judgments

Explore how the Supreme Court upheld the dismissal of a Rule 65 petition, reinforcing the finality of judgments and the limits of certiorari.

Bidding Required Government Contracts Must Ensure Fair Competition

Philippine Supreme Court clarifies when public bidding is mandatory for government service contracts and why negotiated awards violate fair competition.

Equitable Mortgage vs Sale With Right to Repurchase: Price and Intent

When is a "sale with right to repurchase" really an equitable mortgage? The Supreme Court explains the role of price adequacy and intent.

Lease Termination: Lessors Can Still Collect Rent After Lessee Default and Abandonment

Philippine Supreme Court ruling on lessor rights when lessee defaults and abandons leased property, clarifying remedies for unpaid rent.

Academic Freedom vs Student Rights: Balancing Discipline and Due Process in Higher Education

The Supreme Court balances academic freedom and student rights in De La Salle University v. CA, clarifying due process and CHED jurisdiction.

Moral Conduct in the Judiciary: Defining Immorality and Due Process for Court Employees

The Supreme Court clarifies when giving birth out of wedlock is immoral conduct for court employees and protects due process rights.

Bank Negligence and Fiduciary Duty in Handling Foreign Currency Deposits

Philippine Supreme Court ruling on bank liability for negligence in handling foreign currency time deposit pretermination and fiduciary duty.

Protecting Consumers: Illegal Disconnection and Utility Company Liability

Supreme Court ruling on Meralco's liability for illegal disconnection without notice, and the limits of differential billing claims.

Writ of Possession as Ministerial Duty: Rayo v. Metrobank on Due Process Limits

The Supreme Court affirms that a writ of possession after extrajudicial foreclosure is a ministerial duty, even if issued ex parte. Learn the limits of due process claims.

Family Feuds and Corporate Control: Navigating Share Ownership Disputes in Philippine Corporations

The Supreme Court clarifies how Philippine courts resolve family disputes over corporate shares, trusts, and injunctions.

Understanding Forum Shopping and Writ of Possession in Philippine Foreclosure Law

The Supreme Court clarifies forum shopping, real party-in-interest rules, and the ministerial nature of writs of possession in extrajudicial foreclosures.