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 238 articles for diligence

Bigamy in the Philippines: When a Second Marriage Is Void From the Start

Philippine law voids any second marriage contracted while a prior civil marriage subsists. Learn the rules, limits of Muslim divorce, and who may sue.

Hotel Liability for Lost Vehicles: Necessary Deposits Under Philippine Law

When a hotel valet loses a guest's vehicle, who pays? Philippine law on necessary deposits and the Durban Apartments ruling explain.

Custodia Legis and Garnishment: The BSP v. Judge Lanzanas Ruling

Funds in custodia legis cannot be garnished without court approval. The Supreme Court's ruling in BSP v. Judge Lanzanas explains why.

Falsification of Public Documents: Presumption of Authorship Explained

Learn how Philippine courts presume authorship of falsified documents and why beneficiaries bear the burden of proof under Article 172.

When Banks Dishonor Checks: The Citibank v. Dinopol Case on Fiduciary Duty and Damages

The Supreme Court ruled that banks must exercise the highest degree of diligence, holding Citibank liable for dishonoring a check over a P58.33 charge.

Buyer Beware: Due Diligence in Philippine Real Estate Transactions

The Supreme Court reminds buyers of registered land that a title is not enough—due diligence requires inquiry beyond its four corners.

Freight Forwarder Liability and the $500 Package Limitation Rule in Shipping Disputes

Philippine Supreme Court ruling on when a freight forwarder becomes a common carrier and the COGSA package limitation rule.

Limits of DARAB Jurisdiction: Certiorari Power and Agrarian Dispute Resolution

Supreme Court clarifies DARAB jurisdiction limits, certiorari power, and the finality of agrarian dispute decisions in just compensation cases.

School Negligence: Defining the Scope of Responsibility for Student Safety in Science Experiments

A Supreme Court ruling clarifies that schools and teachers owe students a high degree of care during dangerous activities like science experiments.

Certiorari as a Substitute for Appeal: Navigating Procedural Missteps in Philippine Courts

Learn when certiorari can replace an appeal in Philippine procedure, and how the Supreme Court treats loss of trust and confidence in dismissals.

Res Judicata and Final Judgments: What Torres v. Medina Means for Litigants

The Supreme Court explains when a final judgment bars a new lawsuit, using a foreclosure dispute to illustrate res judicata's elements and limits.

Lump Sum vs. Unit Price in Land Sales: The Del Prado v. Caballero Rule

Philippine land sale disputes often hinge on lump sum versus unit price contracts. The Supreme Court's ruling in Del Prado v. Caballero clarifies the rules.

Gun Store Owners' Negligence Liability for Accidental Shooting Ruled by Supreme Court

Supreme Court holds gun store owner liable for negligence after defective firearm left loaded in unlocked drawer causes fatal accidental shooting.

Employer Liability for Employee Negligence: Proving Due Diligence in Philippine Law

When can an employer be held liable for an employee's negligence? The Supreme Court explains the due diligence defense in Philippine Hawk v. Lee.

When a Dishonored Check Cannot Be Theft: The Impossible Crime Doctrine in the Philippines

Can a worthless check be the object of theft? The Supreme Court explains the impossible crime doctrine and why intent alone is not enough.

Diligence Required Enforcing Final Judgments AND Avoiding Laches IN Philippine LAW

A 13-year delay in enforcing a final judgment bars execution by motion and constitutes laches. Learn the rules and deadlines.

U-Turn Negligence: When a Sudden Maneuver Establishes Fault in Vehicle Collisions

A sudden U-turn without signal lights can establish negligence and proximate cause in a vehicle collision, making the driver and employer liable for damages.

Stevedores and the Duty of Care: When Cargo Damage Is Not Negligence

Philippine Supreme Court clarifies that stevedores owe ordinary diligence, not the higher standard of common carriers, in loading and stowing cargo.

The 24-Hour Rule in Cargo Claims: Carrier Liability Under Philippine Shipping Law

Philippine Supreme Court clarifies the 24-hour claim rule under the Code of Commerce for damaged cargo and its effect on carrier liability.

Material Misrepresentation in a COC: When a False Statement Can Nullify an Election Win

A false statement in a Certificate of Candidacy on a material qualification can cancel a candidacy and nullify an election victory, as Velasco v. COMELEC shows.

Relief From Judgment Not Available in the Supreme Court: Purcon v. MRM Philippines

The Supreme Court explains why a petition for relief from judgment under Rule 38 cannot be filed in the High Court.

Notarizing Without a Commission: When a Lawyer’s Mistake Becomes Malpractice

The Supreme Court suspends a lawyer for notarizing documents after his commission expired, ruling that ignorance or reliance on staff is no excuse.

When a Financing Company Is Not a Mortgagee in Good Faith: Lloyd's Enterprises v. Dolleton

A financing firm that failed to inspect a mortgaged property cannot claim good faith. Learn the due diligence rule from this 2008 case.

When a Sheriff's Excuses Fail: Dereliction of Duty in Philippine Courts

A deputy sheriff's repeated failure to serve court processes leads to one-year suspension, clarifying standards of diligence for court personnel.