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.
B.P. 22 Conviction Requires Proper Presentation of Notice of Dishonor: The Tan Case
A B.P. 22 conviction requires the prosecution to properly present the notice of dishonor in court; failure to do so negates the presumption of knowledge of insufficient funds.
Real Estate Foreclosure in the Philippines: Notice Requirements and Due Process
A look at Guanco v. Antolo and why strict notice and posting rules govern extrajudicial foreclosure sales in the Philippines.
When Government Salaries Can Be Withheld: The Santiago COA Ruling
The Supreme Court clarifies when COA may withhold a government employee's salary for an alleged cash shortage, and when it cannot apply the withheld amounts.
Demand NOT Always Needed When Philippine Banks CAN Foreclose Without Prior Notice
Philippine Supreme Court clarifies when banks may foreclose without prior demand, and limits on preliminary injunctions against foreclosure.
Unconscionable Interest Rates When Courts Intervene in Surety Bond Disputes
Philippine courts can reduce stipulated interest rates that balloon beyond the principal debt. Learn the rule from a 2006 surety bond case.
Malversation of Public Funds in the Philippines: When Reimbursement Does Not Erase Liability
Failure to liquidate public funds can lead to malversation conviction even if the amount is later reimbursed. Learn the rules and key lessons from a Supreme Court case.
Equitable Mortgage vs Pacto de Retro Sale: Philippine Real Estate Security Rules
Philippine Supreme Court clarifies when a deed of sale with right to repurchase is actually an equitable mortgage, protecting borrowers from losing property.
Bouncing Checks and Lawyer Discipline: When Professional Ethics Extend Beyond Legal Practice
A lawyer who issues bouncing checks for his corporation can be disciplined. The Supreme Court explains why.
Delegation of Authority in Tax Assessments: When a Subordinate's Demand Letter Becomes Final
Learn when a demand letter from a BIR subordinate officer counts as the Commissioner's final decision on a protested tax assessment, and why timing matters.
Tax Assessment and Collection: Understanding the 10-Year Rule in the Philippines
Learn when the 10-year prescriptive period applies to tax assessment and collection in the Philippines, explained through the Commissioner of Internal Revenue v. Tulio case.
Passport Loss Liability: Negligence and Damages in LBC Express v. Ado
Philippine Supreme Court ruling on carrier liability for lost passport, damages rules, and proof requirements in LBC Express v. Ado.
Electricity Meter Malfunctions: Who Bears the Cost of Unregistered Consumption
Philippine Supreme Court ruling on who pays for unregistered electricity when a defective meter causes under-billing.
Corporate Identity and Loan Obligations: Name Change Does Not Excuse Debt Payment
Philippine Supreme Court ruling on whether a corporate name change or bank identity affects loan obligations and surety liability.
Attorney Accountability Understanding Lawyer Neglect of Duty in the Philippines
A Philippine Supreme Court ruling on lawyer neglect of duty, abandonment of clients, and the ethical obligations of attorneys.
Execution Pending Appeal: The Imperative of Good Reasons in Philippine Civil Procedure
Philippine courts grant execution pending appeal only for compelling reasons. Learn the rule, the exceptions, and practical takeaways.
Bouncing Checks Law: Insufficient Funds and the Necessity of Demand
Understand BP 22's rules on insufficient funds, notice of dishonor, and when demand is truly required.
Unlawful Detainer: A Tenant's Admissions and the Inevitable Ejectment
In Mendoza v. Court of Appeals, the Supreme Court ruled that a tenant's own admissions in pleadings can seal an ejectment case.
B.P. 22 Liability: Severing Accommodation Deals Does Not Erase Knowledge of Insufficient Funds
Signing blank checks for an accommodation arrangement can create B.P. 22 liability even after severing ties. Learn the rules from Benjamin Lee v. CA.
Deceptive Promises Estafa Conviction Despite Victims Naivete In Travel Agent Scam
Philippine Supreme Court affirms estafa conviction of fake travel agent, ruling that victims' gullibility does not absolve fraudsters of criminal liability.
Waiving Complaint Defects: How Trial Participation Impacts Jurisdiction
Learn how participating in trial can waive defects in an ejectment complaint, affecting jurisdiction over unlawful detainer cases.
One-Year Limit on Ejectment Suits: Why Timely Filing Matters in Property Disputes
Philippine Supreme Court explains the one-year deadline for ejectment cases and why missing it shifts jurisdiction to the RTC.
Breach of Contract vs Unlawful Detainer: Defining the Proper Forum
When a landowner files ejectment over a breach of a sale agreement, the Supreme Court clarifies which court has jurisdiction.
Trust Receipts Law Liability: When Agents Face Estafa Charges
Learn when corporate agents can face criminal liability for estafa under the Trust Receipts Law, based on the Supreme Court's ruling in Ong v. Court of Appeals.
Foreclosure Sales: Strict Compliance With Publication Requirements
When a postponed foreclosure sale proceeds without republication of notice, the sale is void. Learn the rules from Ouano v. Court of Appeals.