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 14171440 of 2,332 articles for writ

Judicial Efficiency vs Due Process: Balancing Speed and Fairness in Case Resolution

A sheriff's failure to implement a writ shows how judicial efficiency and due process must be balanced in Philippine courts.

Falsifying Time Records in Public Service: A Path to Dishonesty Charges

Learn how falsifying time records leads to dishonesty charges in Philippine public service, based on a Supreme Court ruling.

Hidden Defects and Time Limits: Understanding Warranty Claims in the Philippines

Learn the prescriptive periods for implied warranty claims in the Philippines, from the Civil Code and Consumer Act, explained simply.

Sheriffs Authority Limits and Liabilities in Property Demolition in the Philippines

When can a sheriff demolish property during execution? The Supreme Court clarifies the limits of a sheriff's authority and liability in demolition cases.

Conjugal Partnership and Surety Agreements: When a Spouse's Guaranty Does Not Bind the Family

When a husband signs a surety agreement for a third party, the conjugal partnership is not automatically liable. Here's why.

Malicious Prosecution in Estafa Cases: When a Criminal Complaint Becomes a Tort

The Supreme Court clarifies when filing an estafa complaint without probable cause constitutes malicious prosecution, making the complainant liable for damages.

OFW Illegal Dismissal Claims and Forged Documents: Key Lessons from G & M Philippines v. Cuambot

The Supreme Court explains how forged payslips and resignation letters affect OFW illegal dismissal claims, and why doubts are resolved in favor of labor.

Can an Employee Be Denied Retirement Benefits for Breach of Trust?

The Supreme Court rules on whether a bank manager validly dismissed for breach of trust can still claim retirement benefits after his compulsory retirement date had passed.

Breach of Trust Establishing Estafa Through Misappropriated Funds

Explore how failure to remit collected funds constitutes estafa under Article 315(1)(b) of the Revised Penal Code, as ruled in Pucay v. People.

When Judges Must Step Aside: The Duty of Inhibition and Judicial Conduct in the Philippines

A Supreme Court ruling on when judges must inhibit from cases, avoid impropriety, and the limits of judicial conduct.

Business Closure in the Philippines: Navigating Layoffs and Employee Rights During Financial Distress

Learn the rules on business closure in the Philippines, including separation pay, notice requirements, and employee rights when a company shuts down due to losses.

Breach of Trust Ownership of Club Shares and Fiduciary Duties in Philippine Law

When a club share is transferred temporarily, a trust is created. The Supreme Court explains ownership, fiduciary duties, and the rules on implied trusts in Philippine law.

Balancing Right to Work and Employer Prerogative: Absences and Termination

Philippine Supreme Court ruling on when excessive absences justify dismissal, emphasizing proportional penalties and employer burden of proof.

Dilatory Tactics and the Five-Year Rule: When Delaying Execution Backfires

The Supreme Court condemns a losing party's dilatory tactics that delayed execution of a final judgment for years, clarifying the five-year rule on execution by motion.

Finality Prevails: Why Attempts to Reopen a Settled Bouncing Checks Case Fail

The Supreme Court explains why final judgments cannot be reopened through belated claims of newly discovered evidence in a B.P. 22 case.

Motion for Reconsideration: Avoiding Pro Forma Dismissals in Philippine Courts

Learn how Philippine courts treat procedural lapses in motions for reconsideration, and why substantive justice prevails over technicalities.

Real Property Tax Refund: Illegality of Assessment and the Proper Claim Procedure

A Supreme Court ruling clarifies that an invalid real property tax ordinance entitles taxpayers to refunds, but claims must follow the Local Government Code's procedure.

Illegal Dismissal Claims: When Early Retirement and Unapproved Leave Bar Recovery

A professor's claim of illegal dismissal fails after voluntary early retirement and unapproved leave. Learn the legal rules.

Sheriff's Dishonesty Leads to Dismissal: Upholding Integrity in Court Service

Supreme Court dismisses sheriff for extorting money from litigant, reaffirming strict standards of honesty for court personnel.

Abandonment of Work: Proving Intent to Sever Employment in Philippine Labor Law

Explaining when absence becomes abandonment under Philippine law, using the Supreme Court's ruling in Aliten v. U-Need Lumber.

Res Judicata Bars Re-Litigating Security of Tenure in Agrarian Disputes

Philippine Supreme Court ruling on how final judgments bar re-litigation of security of tenure claims in agrarian disputes.

Agency vs Assignment: Who Is the Real Party in Interest in Contract Disputes

Philippine Supreme Court clarifies when a representative is an agent rather than an assignee, and who may sue on a contract.

Breach of Contract: Enforcing Penalty Clauses in Government Projects

Explaining when penalty clauses bind contractors in government projects, based on a Supreme Court ruling on DBP and PD 1594.

B.P. 22 Conviction Requires Proper Presentation of Notice of Dishonor: The Tan Case

A B.P. 22 conviction requires the prosecution to properly present the notice of dishonor in court; failure to do so negates the presumption of knowledge of insufficient funds.