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.
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Orix v. Cardline: Final Judgments, Execution, and the Limits of Prohibition
Final judgments must be executed as written. The Court clarifies when prohibition may challenge execution and the rules on sureties and excussion.
Trademark Infringement Mootness Doctrine and the Dissolution of Preliminary Injunctions
When a final judgment on the merits is rendered, an ancillary preliminary injunction dissolves, rendering appeals on the writ moot.
Writ of Possession: Absolute Right After Ownership Consolidation
Foreclosure buyers gain an absolute right to possession once title consolidates. The Supreme Court explains the limits of appeals and stay orders.
Possession Follows Ownership: Enforcing Writs After Foreclosure
A Supreme Court ruling clarifies that a writ of possession is a ministerial duty once title is consolidated, even against third-party claimants.
Amparo Writ Scope: Extralegal Killings and Enforced Disappearances Only
Supreme Court clarifies the writ of amparo covers only extralegal killings and enforced disappearances, not ordinary threats from private individuals.
Sheriffs Duty Timely Reporting In Writ Execution Under Philippine Law
Philippine Supreme Court clarifies sheriffs mandatory duty to file periodic returns in writ execution, imposing administrative liability for delay.
Tightening the Reins: Fraud Allegations and Preliminary Attachments in Philippine Law
The Supreme Court clarifies when fraud justifies a writ of preliminary attachment, requiring particularized allegations, not mere conclusions.
Disbarment for Gross Misconduct: When a Labor Arbiter Delays Justice
A labor arbiter's two-year delay in acting on a motion for execution and refusal to amend a writ led to his disbarment for gross misconduct and gross ignorance of the law.
Possession Rights After Mortgage Foreclosure: Third Party Claims in the Philippines
When can third parties stop a writ of possession after extrajudicial foreclosure? The Supreme Court clarifies the rules on adverse possession.
When a Solemn Promise Isn't Proof: Illegal Dismissal and Due Process in Labor Cases
SC ruling explains why an employee's written promise to return money is not enough to justify dismissal for loss of trust and confidence.
Clerk of Court Authority: The Fine Line Between Administration and Judicial Overreach
A clerk of court added a phrase to a writ beyond the judge's order. The Supreme Court explains why that was judicial overreach.
Writ of Amparo Not a Shield for Deportation: Mison v. Gallegos
The Supreme Court clarifies that the writ of amparo covers only extrajudicial killings and enforced disappearances, not ordinary immigration detention.
Writ of Possession, Third-Party Claims, and Redemption Rights in Property Disputes
A writ of possession cannot evict third parties holding property adversely to the judgment obligor. Explaining Sio Tiat King v. Lim.
Writ of Kalikasan and Oil Pipeline Safety: The West Tower Case
A look at the Supreme Court's landmark ruling on the Writ of Kalikasan, environmental protection orders, and the safe operation of aging oil pipelines.
Cash Deposit or Counter Bond: The Only Ways to Discharge an Attachment in Philippine Courts
Philippine Supreme Court clarifies that only cash deposits or counter-bonds can discharge a writ of attachment—not real property.
When Can a Bank Deposit Real Property Instead of Cash to Lift an Attachment?
Philippine Supreme Court clarifies that under Rule 57, only cash deposit or counter-bond can lift a writ of attachment.
Writ of Possession for Subsequent Purchasers After Foreclosure: Key Rules
Learn when a subsequent buyer of foreclosed property can obtain a writ of possession and the procedural requirements under Philippine law.
Sheriff's Extortion and Neglect of Duty: A Supreme Court Lesson on Court Personnel Integrity
Supreme Court ruling on a sheriff's extortion and neglect of duty, reaffirming that sheriffs must execute writs with diligence and integrity.
Establishing Attorney Client Relationship Actions Imply Consent Beyond Written Agreements
Philippine Supreme Court clarifies that lawyer-client relationships can be implied from actions, not just written contracts, in administrative case.
Bank Deposit Secrecy: Upholding Depositor Rights in Insolvency Proceedings
The Supreme Court rules that a corporation's bank deposits stay confidential in insolvency unless the depositor gives written consent to waive secrecy.
Bank Deposit Secrecy in Insolvency: Creditors Cannot Waive a Debtor's Rights
Supreme Court rules creditors cannot waive an insolvent debtor's bank deposit secrecy rights without the debtor's written consent or receiver's conformity.
Environmental Law Upholding Power Plant Construction Despite Procedural Lapses
Supreme Court clarifies the writ of kalikasan's scope and upholds a coal plant's ECC despite procedural lapses in its issuance.
Writ of Possession for Subsequent Purchasers After Extrajudicial Foreclosure
The Supreme Court clarifies that a buyer who purchases foreclosed property from the auction winner may seek a writ of possession.
Mandamus and Property Rights: Court Orders for Possession Have Limits
Philippine Supreme Court ruling on why a writ of possession cannot be issued in a mandamus case, and the proper remedy for winning bidders.