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.
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.
When Public Duty and Private Conduct Collide: A Judge’s Venue Ruling Upheld
The Supreme Court affirms a judge’s dismissal of a case for improper venue, clarifying exclusive venue stipulations in loan contracts.
Upholding Decorum: Judicial Employees' Duty to Maintain Respect and Civility in the Workplace
Court employees must maintain civility and respect at all times. Gross discourtesy warrants suspension under Civil Service rules.
Unconscionable Greed: Attorney's Fees Must Be Reasonable and Just
Philippine Supreme Court nullifies P50M attorney's fee claim, ruling lawyers' compensation must be reasonable, not driven by greed.
Right of First Refusal in Property Sales: Understanding Legal Obligations
Learn how Philippine courts treat right of first refusal in property sales, including the rules on offers, counter-offers, and legal redemption.
Habeas Corpus Requires Proof of Illegal Detention, Not Just Disappearance
Philippine Supreme Court ruling clarifies that habeas corpus requires proof of actual detention, not merely a person's disappearance.
SEC Retains Power to Execute Decisions in Pending Intra-Corporate Cases
Supreme Court rules the SEC may enforce its final decisions in intra-corporate cases retained under Section 5.2 of the Securities Regulation Code.
Military Discipline vs Civilian Courts: Jurisdiction Over Service-Connected Offenses
Supreme Court clarifies when military personnel face court-martial for service-connected offenses under RA 7055, citing the Oakwood mutiny case.
Probable Cause in Search Warrants: Lessons from the Marlboro Counterfeit Case
When is a search warrant valid in IP cases? The Supreme Court clarifies probable cause standards in People v. Choi.
Good Faith Builder Rights Under Article 448: Key Lessons from a Philippine Supreme Court Case
Understand the rights of a builder in good faith under Philippine law, including the landowner's options under Article 448 of the Civil Code.
Attorney Suspended for Failing to Account for Client Funds Withdrawn from Court
Lawyer suspended two years for withdrawing P255,000 in client rentals without accounting, violating the Code of Professional Responsibility.
The Neighborhood Rule in Philippine Election Law: Abad v. Co Explained
Learn how the Supreme Court applied the neighborhood rule in Abad v. Co, ensuring voter intent prevails over technical ballot errors.
Quieting Title and Due Process: Notice of Raffle and Voluntary Submission to Jurisdiction
Learn how notice of raffle and voluntary appearance affect jurisdiction in quieting title cases, based on a 2006 Supreme Court ruling.
Change of Name Petitions: Substantial Compliance with Jurisdictional Requirements
Supreme Court rules on change of name petitions, publication requirements, and jurisdictional compliance under Rule 103.
Adverse Claims vs. Levy on Execution: Protecting Property Rights in the Philippines
Learn when an adverse claim can defeat a levy on execution in Philippine property law, based on a 2006 Supreme Court ruling.
Mandamus and Discretionary Powers: Can Courts Compel Agency Action?
Explaining the limits of mandamus in Philippine law, when courts can compel agency action, and the doctrine of qualified political agency.
Exhaustion of Administrative Remedies: When Can You Skip the Bureaucracy and Go to Court
Philippine Supreme Court explains the doctrine of exhaustion of administrative remedies and its exceptions, using a GSIS dismissal case as an example.
Condominium Assessments: Lien Enforcement and Priority in the Philippines
Learn how condominium assessment liens work in the Philippines, including registration requirements, priority rules, and enforcement limits under the Condominium Act.
Prescription and Foreclosure: Understanding Timelines in Philippine Mortgage Law
Learn when prescription bars mortgage foreclosure actions in the Philippines, and why courts—not litigants—decide the issue.
Liability for Flood Damage: Private vs Public Drainage Systems
Philippine Supreme Court clarifies when a lessor is liable for flood damage—distinguishing private drainage maintenance from public sewer responsibility.
Res Judicata and Forum Shopping: When a Prior Ruling Bars a Second Case
Philippine Supreme Court explains when a prior ruling bars another case, and what constitutes forum shopping.
Usury Law and Contractual Obligations: Striking the Balance in Loan Agreements
The Supreme Court clarifies how the Usury Law interacts with loan restructuring, refinancing, and the binding force of contracts in DBP v. CA.
Bouncing Checks and Criminal Intent: Upholding Strict Liability Under BP 22
The Supreme Court affirms that BP 22 punishes the mere issuance of a bouncing check, regardless of intent or purpose.