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 15611584 of 2,364 articles for writ

Tenant's Right of Redemption Under Philippine Agrarian Reform: Key Lessons from Planters Development Bank v. G

Understand the tenant's right of redemption under Philippine agrarian law through the Supreme Court's ruling in Planters Development Bank v. Garcia.

Tenant Rights in the Philippines: Proving Agricultural Tenancy and Its Implications

Learn how Philippine courts determine agricultural tenancy, tenant rights to redemption, and what a Certificate of Land Transfer means for landowners and lessees.

Poor Performance vs Neglect: Defining Just Cause for Employee Termination in the Philippines

Philippine Supreme Court clarifies when poor work performance justifies termination and when it does not, explaining the legal distinction.

Contract to Sell Cancellation: Maceda Law Rules and Novation Explained

Learn the Maceda Law rules on cancelling a contract to sell, when a new contract can replace the old one, and key takeaways from Fabrigas v. San Francisco Del Monte.

Trust Receipts vs Mortgage: Who Owns the Goods in Philippine Law?

Philippine Supreme Court ruling on trust receipts versus chattel mortgages, ownership disputes, and the rights of entrustors over mortgaged goods.

POEA Contract or Labor Code: Which Governs Seafarer Rights in Domestic Waters?

Supreme Court clarifies when a POEA-approved seafarer contract ends and the Labor Code takes over for domestic voyages.

Defiance and Dismissal: Upholding Employers' Right to Terminate for Insubordination and Loss of Trust

Supreme Court affirms dismissal of sales supervisor for willful disobedience and loss of trust, clarifying employer rights under Article 282.

Prescription of Claims in Maritime Employment: Time Limits and Legal Recourse

When POEA contracts expire, seafarers may fall under Labor Code rules. Learn how Delos Santos v. Jebsen Maritime clarifies rights.

Oral Loan Agreements in the Philippines: When a Verbal Promise Is Legally Binding

Oral loan agreements can be enforceable in the Philippines. Learn the rules, evidence needed, and key Supreme Court ruling on verbal contracts.

Neglect of Duty and Insubordination in the Judiciary: A Lesson from a Process Server's Suspension

When a court process server repeatedly fails to serve summonses and disobeys orders, the Supreme Court steps in to uphold accountability.

Forcible Entry: Possession by Tolerance vs. Undue Deprivation Through Force

Philippine Supreme Court clarifies that owners cannot use force to evict occupants, even if possession is by tolerance, without filing the proper ejectment case.

Separate Legal Claims WHY Improper Case Consolidation Violates DUE Process

Why the Supreme Court ruled that separate libel complaints against a publisher cannot be consolidated against one defendant without violating due process.

Sheriffs Neglect of Duty and the Consequences of Delayed Writ Execution in the Philippines

A sheriff's failure to execute a writ with reasonable dispatch is gross neglect of duty, carrying severe administrative penalties.

Gross Ignorance of the Law: When Can a Judge Be Held Liable

Philippine Supreme Court ruling on when judges face administrative liability for judicial errors, gross ignorance, and misconduct.

Illegal Dismissal and Labor-Only Contracting: When a Salesman's Driver Is the Company's Employee

Acevedo v. Advanstar explains labor-only contracting, employer-employee relationship, and due process in illegal dismissal cases.

Torrens Title vs Adverse Possession: Protecting Property Rights in the Philippines

Philippine Supreme Court ruling clarifies how registered land under the Torrens system is protected against adverse possession claims.

When Are Clients Bound by Their Lawyer’s Actions? Philippine Supreme Court Explains

Philippine Supreme Court ruling explains when a client is bound by a lawyer's negligence or refusal to receive court notices.

Injunction Against Government Interference: Protecting Contractual Advertising Rights

Supreme Court ruling on when courts may issue preliminary injunctions to protect contractual rights from government interference in advertising agreements.

Preliminary Injunction Against MMDA Billboards: Protecting Contractual Rights Pending Trial

Supreme Court affirms preliminary injunction stopping MMDA from dismantling MRT 3 billboards, protecting Trackworks' contractual advertising rights pending trial.

Breach of Trust in Banking: Upholding Employee Dismissal for Fraudulent Acts

Supreme Court affirms dismissal of bank employees for fraud, ruling that bank laxity does not excuse employee misconduct and breach of trust.

Tenancy Rights: How to Prove Agricultural Tenancy in Philippine Agrarian Law

The Supreme Court clarifies that a tenancy relationship cannot be presumed—all six elements must be proven by evidence.

Injunctions in Ejectment: Balancing Immediate Execution With Equitable Considerations

The Supreme Court clarifies when courts may issue preliminary injunctions despite the immediately executory nature of ejectment judgments.

Unearthing Liability When Treasure Hunts Lead to Tort Claims

A treasure hunt that damaged a chapel led to solidary liability for joint tortfeasors under Philippine law. Learn the rules.

Certiorari Filing Deadlines: Why the 60-Day Rule Is Strict in Philippine Courts

Philippine courts strictly enforce the 60-day certiorari filing period under Rule 65. Learn why late petitions fail and how to avoid common pitfalls.