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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.

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Showing 13921–13944 of 25,411 articles

Negligence in Notarization: Consequences for Lawyers and the Validity of Wills

A lawyer-notary's careless notarization of a will can invalidate it and trigger suspension. Learn the rules and consequences.

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.

Health Care Agreements: Insurers Must Prove Pre-Existing Conditions

Philippine Supreme Court ruling on who bears the burden of proving pre-existing conditions in health care agreements, and insurer liability for damages.

Mutuality of Contracts: The Limits of Bank Discretion in Setting Interest Rates

Philippine Supreme Court clarifies that unilateral interest rate setting violates mutuality of contracts, but the principal loan obligation remains valid and enforceable.

Full Restitution No Defense in Malversation: Perez v. People Explained

Full restitution does not erase criminal liability for malversation of public funds. Learn the elements, defenses, and penalties under Article 217.

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.

Co-Ownership Consent and the Limits of Property Rights in the Philippines

One co-owner's consent cannot authorize construction on common property. The Supreme Court explains forcible entry rules in co-ownership disputes.

Breach of Trust: When Workplace Conduct Undermines Employer Confidence

Supreme Court ruling on when managerial employees may be validly dismissed for breach of trust and loss of confidence.

Enforcement OF Estate Obligations Probate Courts Power TO Execute Sales Agreements

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.

Preliminary Mandatory Injunctions: Clear Right and Irreparable Injury Required

The Supreme Court explains when preliminary mandatory injunctions may issue, requiring clear rights and concrete proof of irreparable injury.

Teachers Reassignment Balancing Rights AND Educational Needs

Explains when public school teachers may be validly transferred or reassigned, citing the Supreme Court ruling in Superintendent of City Schools v. Azarcon.

Dation in Payment: When Transferring Property Fully Settles a Debt

A bank accepted equipment as full payment of a loan, then sued for more. The Supreme Court explains when dation in payment extinguishes a debt.

Timeshare Contracts and SEC Registration: What Buyers Should Know

Supreme Court clarifies that unregistered timeshare sales violate the Securities Act, and buyers may rescind such contracts.

Enforcing Contractual Obligations: Valid Payment and the Courts' Supervisory Role

When may a buyer rescind a timeshare contract? The Supreme Court clarifies registration rules, rescission periods, and appeal deadlines.

Ejectment and the Torrens Title: Why a Church's Title Prevailed Over a Former Pastor's Claim

A Supreme Court ruling on ejectment, Torrens titles, and why procedural lapses may be excused to serve substantial justice.

Choosing the Right Court: Appeals from SEC Decisions Under Rule 43

Learn when appeals from SEC decisions go to the Court of Appeals under Rule 43, and why missing the deadline is fatal.

Demurrer to Evidence: Insufficient Proof in Customs and Anti-Graft Cases Leads to Dismissal

When prosecution evidence fails to establish a prima facie case, a demurrer to evidence may lead to dismissal. The Supreme Court explains.

Register of Deeds Cannot Re-Annotate Liens Omitted from Reconstituted Titles

Supreme Court rules Register of Deeds lacks authority to re-annotate liens omitted from reconstituted Torrens titles; court petition required.

Reconstitution of Titles: Limits on Register of Deeds Authority and Third Party Rights

When titles are reconstituted after fire, the Register of Deeds cannot annotate liens omitted from the new certificates without court order.

Navigating the Court Hierarchy When Directly Appealing to the Supreme Court in the Philippines

Philippine Supreme Court clarifies when direct petitions for certiorari are allowed, emphasizing the doctrine of hierarchy of courts.

BPI v. Reyes: Physical Evidence Prevails in Bank Deposit Dispute

Supreme Court explains preponderance of evidence in bank deposit disputes, ruling physical evidence outweighs bare testimony.

Hospital Liability for Consultant Doctors: The Doctrine of Apparent Authority

Philippine Supreme Court ruling on hospital liability for consultant physicians' negligence under apparent authority and corporate negligence doctrines.

Upholding Property Rights: The Church's Right to Eject a Former Pastor

A pastor who stayed on church property after his license was revoked had to leave. The Supreme Court ruled the church's title prevails over self-serving claims.