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 121144 of 282 articles for construction

Burden of Proof in Cargo Claims: Insurers Must Prove Actual Damages to Recover Subrogated Claims

Philippine Supreme Court clarifies when temperate damages apply in cargo loss claims when actual damages cannot be proven with certainty.

Corporate Membership Dues: Who Pays When Nominees Change

Supreme Court rules on whether golf clubs can charge new membership fees when corporate members replace their nominees.

No-Build Zones and National Permits: What Aquino v. Malay Means for Developers

The Supreme Court ruled that a DENR permit does not override local no-build zone ordinances. Here's what developers must know.

Residency Redefined: Upholding Election Results Despite Challenges to Candidate's Domicile

The Supreme Court clarifies residency rules for local candidates, upholding John Henry Osmeña's win as Toledo City mayor despite domicile challenges.

Written Stipulation Is Key: Enforceability of Loan Interest Agreements in the Philippines

Philippine Supreme Court clarifies when 12% interest applies versus 6% in construction disputes, emphasizing written stipulations.

Breach of Public Trust: Official Position Cannot Shield Criminal Acts

Philippine Supreme Court affirms conviction of municipal treasurer for graft and estafa, ruling public office cannot shield criminal acts.

Continuing Suretyship in the Philippines: Liability for Future Debts Explained

Learn how the Supreme Court upheld a surety's liability for future debts under a Continuing Suretyship, and when courts may reduce attorney's fees.

Surety Bonds Survive Debt Extension: Key Supreme Court Ruling on Article 2079

Extension of a principal's debt without a surety's consent does not automatically extinguish surety bonds, per the Supreme Court.

Unjust Enrichment When Illegal Contracts Require Restitution

The Supreme Court explains when the in pari delicto doctrine yields to the public policy against unjust enrichment in illegal contracts.

Premature Foreclosure: Protecting Mortgagors' Rights Before Default

Philippine Supreme Court rules that foreclosing a mortgage before the debtor defaults on the principal loan is void and ineffectual.

Maceda Law Protecting Installment Buyers From Improper Contract Cancellations

Learn how the Maceda Law protects installment buyers from improper contract cancellations and what the Supreme Court said about buyer rights.

Secretary's Certificate as Proof of Corporate Authority in Philippine Litigation

Philippine Supreme Court clarifies when a secretary's certificate suffices to prove corporate authority to file pleadings, and the duties of plaintiffs in pre-trial.

Novation, Verification, and Real Party in Interest: Lessons from S.C. Megaworld v. Parada

Explaining when accepting third-party payments does not release the original debtor, and why procedural objections must be raised early.

Stock Certificate Delivery: A Prerequisite for Valid Stock Transfer in the Philippines

Philippine Supreme Court ruling on why physical delivery of stock certificates is essential to transfer ownership and what it means for buyers and sellers.

When Attorney's Fees Are Not Automatic: The Rule of Article 2208

The Supreme Court clarifies when courts may award attorney's fees under Article 2208 of the Civil Code, requiring clear factual and legal justification.

Attorney’s Fees in the Philippines: When Courts Can Award Them

Philippine courts cannot award attorney's fees without clear justification. Learn the rules under Article 2208 of the Civil Code.

Public Space vs Private Gain: When Loan Agreements Undermine Public Land Rights

Supreme Court rules loans secured by public plaza are void; public dominion property cannot be collateralized for commercial ventures.

Quantum Meruit: Fair Pay When Contracts Lack Clear Terms

Learn how quantum meruit ensures fair compensation when contracts lack clear payment terms, based on the Supreme Court's ruling in International Hotel Corporation v. Joaquin.

Challenging Residency Claims: The Supreme Court on Election Eligibility

A candidate's one-year residency requirement for local office demands clear proof of domicile, not just property ownership or voter registration.

Double Jeopardy and Speedy Trial Rights in the ASEAN Street Lighting Case

Explaining the Supreme Court's ruling on double jeopardy, speedy disposition, and amended informations in Braza v. Sandiganbayan.

Sheriffs' Duty of Timely Execution and Reporting: Lessons from Vicsal v. Dela Cruz-Buendia

A sheriff's failure to file timely returns and furnish parties copies constitutes simple neglect of duty, as ruled in Vicsal Development Corp. v. Dela Cruz-Buendia.

Technical Malversation: Good Faith Is No Defense for Misapplying Public Funds

A mayor diverted food for malnourished children to calamity victims. The Supreme Court ruled this is technical malversation—good faith is no defense.

Age Discrepancies in Statutory Rape: Reassessing Penalties Under Special Laws and the Revised Penal Code

Philippine Supreme Court clarifies when a child victim's age determines whether an offender is charged with statutory rape or sexual abuse under RA 7610.

When Void Government Contracts Still Get Paid: Quantum Meruit Explained

Philippine Supreme Court explains when contractors can recover payment for void government contracts through quantum meruit, citing DPWH v. Quiwa.