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 376 articles for procedure

Late Evidence and the Judicial Affidavit Rule: Lara's Gift v. PNB General Insurers

The Supreme Court clarifies when trial courts may admit late evidence and supplemental judicial affidavits under the Judicial Affidavit Rule.

Administrative Due Process and Bank Secrecy: The Sibayan v. Alda Ruling

The Supreme Court clarifies how administrative due process and bank secrecy limits discovery in BSP proceedings, as shown in Sibayan v. Alda.

Upholding Ethical Conduct: Disciplinary Action for Abuse of Court Processes

The Supreme Court suspends a lawyer for two years for dilatory tactics that delayed execution of a final judgment, violating the Lawyer's Oath and Code of Professional Responsibility.

Revival of Judgment: Why It Must Be Filed with the RTC, Not the Court of Appeals

The Supreme Court clarifies that actions to revive a judgment must be filed with the Regional Trial Court, not the Court of Appeals.

Forum Shopping in the Philippines: What the Zamora Case Teaches Litigants

Learn how the Supreme Court defines and penalizes forum shopping, and what the Zamora ruling means for litigants filing multiple cases.

Valid Service of Summons in Foreign Judgment Recognition: Key Lessons from Express Padala v. Ocampo

Philippine Supreme Court ruling on invalid substituted service of summons in foreign judgment recognition, and its due process implications.

Defective Information Reduces Direct Assault Conviction to Homicide

A missing element in the information reduced a direct assault conviction to homicide, underscoring the constitutional right to be informed of charges.

Replevin Actions: Proving Ownership and Rightful Possession in Philippine Law

Philippine Supreme Court clarifies that replevin requires proof of ownership or rightful possession, not just a claim of wrongful detention.

Valid Consignation Demands Strict Compliance With Legal Requirements

Learn when depositing rent in a bank account is not valid consignation, and what the law requires for debt payment.

Practicing Law While Suspended: No Automatic Return After Suspension Period

A lawyer suspended from practice cannot resume work until the Court formally lifts the suspension — even if the suspension period has already ended.

Trademark Infringement and Probable Cause: When the Secretary of Justice Abuses Discretion

The Supreme Court clarifies when courts may override the Secretary of Justice's dismissal of trademark infringement complaints for grave abuse of discretion.

Third-Party Claims in Property Execution: PSALM v. Maunlad Homes Explained

Learn how Philippine law protects third-party property owners from wrongful levy during judgment execution, based on PSALM v. Maunlad Homes.

Corporate Representation: The Necessity of Board Resolutions in Legal Actions

Philippine Supreme Court clarifies when corporate officers need board resolutions to file or defend legal actions, and the limits of derivative suits.

Piercing the Corporate Veil: Religious Affiliation and Shari'a Court Jurisdiction

Can a municipality be considered Muslim for Shari'a court jurisdiction? The Supreme Court says no, reversing a Shari'a District Court ruling.

When Counsel's Negligence Costs the Appeal: Lessons from Dimaandal v. Ilagan

A client is bound by counsel's mistakes unless gross negligence deprives them of due process. The Supreme Court explains the rule.

Compulsory vs. Permissive Counterclaims: What Philippine Litigants Must Know

Learn the difference between compulsory and permissive counterclaims in Philippine courts, including docket fees, forum shopping, and the Alba v. Malapajo ruling.

Due Process in Club Membership Suspensions: The Ching v. QCSC Ruling

When can a club suspend a member without a hearing? The Supreme Court clarifies due process rules in Ching v. Quezon City Sports Club.

Illegal Slowdowns and Union Officer Dismissal: The Polyson Case

The Supreme Court clarifies when a work slowdown becomes an illegal strike and justifies dismissal of union officers under Philippine labor law.

Eminent Domain Easements Just Compensation For Perpetual Restrictions ON Property USE

When a right-of-way easement for transmission lines permanently restricts property use, full just compensation, not a mere easement fee, is due.

Mining Rights vs. Indigenous Peoples: Exhaustion of Remedies and Grave Abuse of Discretion

The Supreme Court in Alecha v. Atienza underscores the exhaustion doctrine and limits of grave abuse of discretion in mining disputes.

Quieting Title vs. Annulment of Title: Key Lessons from Guntalilib v. Dela Cruz

The Supreme Court clarifies when a quieting-of-title action is actually an annulment of title, and why substance prevails over form.

Quieting of Title vs. Annulment of Title: Key Supreme Court Ruling on Land Disputes

The Supreme Court clarifies when a quieting of title action is actually an annulment of title, and why the substance of a complaint matters.

Conditional Sales vs. Adverse Claims: Protecting Property Interests in the Philippines

Learn how the Supreme Court in Logarta v. Mangahis distinguishes conditional sales from adverse claims, and the proper registration rules under PD 1529.

Voluntary vs. Involuntary Dealings: How to Register Property Agreements in the Philippines

Learn the difference between voluntary and involuntary dealings under Philippine property law, and why registering a conditional sale as an adverse claim can be a costly mistake.