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 456 articles for remedies

Forest Charges and Tax Refunds: Jurisdiction and Prescription in Philippine Tax Law

A 2019 Supreme Court ruling clarifies that forest charges are internal revenue taxes, so refund claims must go to the CIR within two years.

The Limits of Mandamus: When Courts Can Compel Government Actions

Philippine Supreme Court clarifies when courts can compel government action, explaining the limits of mandamus in government contract negotiations.

Road Lots and HLURB Jurisdiction: What Subdivision Owners Must Know

The Supreme Court clarifies HLURB jurisdiction over subdivision road lots, public access rights, and the need to exhaust administrative remedies.

Tax Refund Claims: Timely Filing and the Commissioner's Inaction

The Supreme Court clarifies when taxpayers may seek judicial tax refund claims despite the Commissioner's inaction, and the two-year prescriptive period.

Condominium Dues and Utility Disconnection: What Unit Owners Must Know

The Supreme Court upheld a condominium association's right to disconnect utilities for unpaid dues, clarifying owner obligations under the Condominium Act.

Executing a Labor Judgment Does Not Bar Certiorari: Due Process in Labor Disputes

Forced compliance with a writ of execution does not waive an employer's right to challenge a labor ruling via certiorari, the Supreme Court held.

Quieting of Title in the Philippines: Direct vs. Collateral Attacks Explained

The Supreme Court clarifies when challenging a land title's validity is a direct attack, not a collateral one, in quieting of title cases.

Disbarment for Deceit in Settlement Talks: Fortune Medicare v. Atty. Lee

The Supreme Court disbarred Atty. Lee for dishonest settlement negotiations, reaffirming that lawyers must act with candor and integrity.

Co-Ownership Disputes: How Inheritance and Sales Affect Land Rights in the Philippines

A Supreme Court ruling clarifies when administrative orders on land disputes become final and how co-ownership, inheritance, and sales affect property rights.

Mortgage Foreclosure and Third-Party Property: UCPB's Duty to Protect Borrower Interests

When a bank forecloses property mortgaged by a third party without the owner's consent, the Supreme Court protects the true owner's rights.

When Military and Civilian Tribunals Collide: Jurisdiction in AFP Misconduct Cases

The Supreme Court clarifies how concurrent jurisdiction works between the Ombudsman and military courts in administrative cases against AFP personnel.

Free Patent Land and Road Projects: When the Government Must Pay Just Compensation

The Supreme Court clarifies when the government must pay just compensation for right-of-way easements over free patent lands under the Public Land Act.

Quasi-Delict Claims Need No Reservation: Supreme Transport Ruling Explained

Philippine Supreme Court clarifies that quasi-delict counterclaims may proceed without reservation in criminal cases, subject only to the ban on double recovery.

Assurance Fund Claims: When the Prescriptive Period Starts for Defrauded Landowners

The Supreme Court clarifies when the six-year period to claim the Assurance Fund begins for landowners defrauded under the Torrens system.

Loss of Trust and Confidence as Just Cause: Balancing Employer Rights and Due Process in Termination Cases

The Supreme Court clarifies when loss of trust and confidence justifies dismissal, and when employers still owe employees procedural due process.

Quo Warranto and Judicial Integrity: The Sereno Case Explained

The Supreme Court's Sereno ruling clarifies that quo warranto can oust impeachable officers who lack constitutional qualifications like proven integrity.

Well-Founded Belief and Presumptive Death: Diligence Required for Remarriage

The Supreme Court clarifies the strict "well-founded belief" standard under Article 41 of the Family Code for declaring a missing spouse presumptively dead.

Unlawful Detainer vs. Accion Publiciana: Key Distinctions in Philippine Ejectment Cases

Learn the key differences between unlawful detainer and accion publiciana, and why filing the wrong action can get your case dismissed.

When Death Extinguishes Criminal Liability: The Antido Case

Explaining the Supreme Court ruling that an accused's death before final conviction extinguishes criminal and civil liability ex delicto.

Private Roads and Public Use: When a Local Ordinance Cannot Convert Private Property

A local ordinance cannot convert a private road into public property without donation, purchase, or expropriation. The Supreme Court explains.

Corporate Dissolution Directors As Trustees and Guarantor Liability After Corporate Revocation

Explains Reyes v. Bancom: corporate revocation doesn't abate suits, directors act as trustees, and guarantors remain liable.

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.

Judicial Overreach: Enjoining Ombudsman Suspension Orders and the Limits of Declaratory Relief

A judge was fined for gross ignorance of the law after issuing injunctions against an Ombudsman suspension order, exceeding RTC jurisdiction.