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 1,266 articles for requirements

Jurisdiction and Due Process: When Courts Cannot Act Without Serving Notice

Philippine Supreme Court ruling on when courts acquire jurisdiction over respondents and why proper service of notice is essential to due process.

Judicial Clemency in the Philippines: When a Dismissed Judge Can Be Forgiven

The Supreme Court explains the rules on judicial clemency and when a dismissed judge may recover retirement benefits.

When Notarizing Two Deeds for the Same Property Becomes a Lawyer’s Undoing

A lawyer who notarized two deeds of sale for the same property with different amounts was suspended and lost his notarial commission. Here’s why.

Independent Contractor vs Employee: Proving Employment Status in Illegal Dismissal Cases

The Supreme Court clarifies how courts distinguish independent contractors from regular employees in illegal dismissal disputes, emphasizing the burden of proof on claimants.

Enforcing a Philippine Judgment: Time Limits, Property Levies, and Revival

Learn the 5-year rule for executing judgments in the Philippines, how to revive a dormant judgment, and what property a sheriff can levy.

Retrenchment in the Philippines: Proving Business Losses Under Article 298

Retrenchment is legal only if employers prove serious, ongoing losses. The Philphos case shows what evidence courts require.

When Can a Writ of Possession Be Challenged? Supreme Court Clarifies

The Supreme Court nullified a writ of possession in an NGCP expropriation case, ruling that trial courts must first determine the expropriator's authority before issuing the writ.

Reconstitution of Lost Land Titles: Register of Deeds' Duty Under RA 26

When registry records go missing, who must reconstitute your land title? The Supreme Court clarifies the Register of Deeds' duty under RA 26.

Defective Summons Voids Trustee Appointment: Key Lessons from Diversified Plastic Film v. PI-One

Defective summons can void court proceedings. Learn the jurisdictional limits and SPV Act requirements from this Supreme Court ruling.

Defective Summons and Voluntary Appearance: Due Process in Property Cases

The Supreme Court clarifies when defective extraterritorial summons can be cured by voluntary appearance—and why due process still protects the defendant.

Writ of Kalikasan Requires Concrete Evidence, Not Speculation: Water for All Refund Movement Case

The Supreme Court clarifies that a Writ of Kalikasan demands concrete evidence of environmental harm, not mere speculation or unsubstantiated allegations.

Corporate Dissolution and Property Rights: Real Party in Interest in Unlawful Detainer Cases

When a corporation's registration is revoked, its assets don't automatically pass to a new entity. Learn the real party in interest rule.

Probating a Foreign Will in the Philippines: Lessons from a Landmark Case

Learn the formalities for probating foreign wills in the Philippines, from a landmark Supreme Court case on foreign law proof.

Procurement Rules Family Ties Dont Always Taint THE Deal

Supreme Court clarifies that disclosure-of-relations rules under procurement law apply only to competitive bidding, not to Shopping.

Bunkhouse Residency and Voter Registration: The Bascon Ruling Explained

The Supreme Court affirms that workers living in employer-provided bunkhouses can establish voter residency, provided they meet legal requirements.

Psychological Incapacity and Marital Nullity: Spousal Rights and Evidentiary Standards in the Philippines

The Supreme Court clarifies who may file for marital nullity based on psychological incapacity and the evidentiary standards required under Article 36.

Gross Negligence of Counsel Can Restore the Right to Appeal in Criminal Cases

When a lawyer's gross negligence and misrepresentations cause a client to lose the right to appeal, the Supreme Court may recall the entry of judgment and reinstate the appeal.

Gross Negligence of Counsel: When Final Convictions Can Be Reopened for Due Process

When a lawyer's gross negligence and lies cost a client the right to appeal, the Supreme Court may recall a final judgment to protect due process.

Illegal Dismissal: Employer Liability After a Prolonged Business Suspension

When a business suspension exceeds six months, employers must validly terminate or recall workers. Learn the rules from a 2023 Supreme Court ruling.

Unlawful Termination Employer Liability FOR Extended Business Suspension AND Retrenchment Requirements

When a business suspension exceeds six months and retrenchment rules are ignored, employers face illegal dismissal liability. Learn the rules.

Notarial Duty Consequences Of Neglecting Proper Identification IN Philippine LAW

A notary who fails to verify identities faces suspension and perpetual disqualification, as shown in a recent Supreme Court ruling.

VAT Refund Claims: Complete Documents and Zero-Rated Sales Requirements

Philippine Supreme Court clarifies VAT refund rules on complete documents, zero-rated sales proof, and input tax computation for taxpayers.

Annulment of Judgment: Safeguarding Finality and Preventing Abuse of Judicial Remedies

The Supreme Court clarifies the strict requirements for annulment of judgment under Rule 47, emphasizing finality and preventing abuse.

Simple vs Grave Misconduct: Good Faith and Service in Public Office

The Supreme Court clarifies when a public officer's procedural lapse is simple misconduct, not grave misconduct, in government service.