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.
Property Rights in Relationships: Protecting Filipino Land Ownership From Alien Acquisition
Philippine Supreme Court ruling on whether an Austrian's Filipino girlfriend could keep land registered in her name despite his payment and later assignment to a Filipino buyer.
Management Prerogative vs Constructive Dismissal: Balancing Employer Rights and Employee Protection
When does a job transfer amount to constructive dismissal? The Supreme Court clarifies the limits of management prerogative in Bisig Manggagawa sa Tryco v. NLRC.
Loan Restructuring vs Mortgage Release: When Must a Bank Return Collateral?
When a borrower restructures a loan and assigns property as partial payment, is the bank obliged to release other collateral? The Supreme Court explains.
Freelance or Employee? The Test for Newspaper Columnists in the Philippines
The Supreme Court explains when a newspaper columnist is an independent contractor, not an employee, under the control test.
Subrogation Rights of Insurers: Recourse Against Negligent Carriers for Damaged Goods
When can an insurer sue a negligent carrier after paying a claim? The Supreme Court clarifies subrogation rights and carrier liability.
SEC Authority Validating Stock and Transfer Books Over Intra-Corporate Disputes
Explaining the Supreme Court ruling that the SEC has regulatory jurisdiction to validate and cancel stock and transfer books.
Certiorari vs Appeal: Choosing the Right Path for Legal Review in the Philippines
Learn when to file a petition for certiorari versus an appeal under Rule 45, explained through a Philippine Supreme Court labor case.
Gross Negligence and Project Employment: Protecting Employee Rights Against Unjust Dismissal
Learn how the Supreme Court defined gross negligence and project employment in Belle Corporation v. Macasusi, protecting employees from unjust dismissal.
Teachers Reassignment Balancing Rights AND Educational Needs
Explains when public school teachers may be validly transferred or reassigned, citing the Supreme Court ruling in Superintendent of City Schools v. Azarcon.
Rehabilitation Proceedings: The "Serious Financial Situation" Requirement for Corporate Recovery
Philippine Supreme Court clarifies the "serious situation test" for corporate rehabilitation petitions under the Interim Rules, citing Pryce Corporation v. Court of Appeals.
Abandonment vs Constructive Dismissal: Protecting Employee Rights in the Philippines
Philippine Supreme Court clarifies the fine line between abandonment and constructive dismissal, and what employers must prove to justify termination.
Writ of Possession as Ministerial Duty: Rayo v. Metrobank on Due Process Limits
The Supreme Court affirms that a writ of possession after extrajudicial foreclosure is a ministerial duty, even if issued ex parte. Learn the limits of due process claims.
Understanding Forum Shopping and Writ of Possession in Philippine Foreclosure Law
The Supreme Court clarifies forum shopping, real party-in-interest rules, and the ministerial nature of writs of possession in extrajudicial foreclosures.
Contractual Obligations and Third Party Rights in Property Lease Disputes
Supreme Court ruling on when lease penalties bind only contracting parties, not property owners who are third parties to the contract.
AWOL and Reinstatement: The Scope of Appointing Authority in Philippine Civil Service
Explaining Jaucian v. Wycoco on AWOL, automatic separation from the rolls, and the appointing authority's discretion over reinstatement.
Finality of Judgment and the Limits of Appellate Review in Philippine Courts
When can courts revisit decided cases? The Supreme Court explains finality of judgment, appellate jurisdiction, and contract to sell rules.
When Contractual Disputes Must Go to Arbitration and Courts, Not the HLURB
Philippine Supreme Court clarifies when condominium disputes belong to arbitration or courts, not the HLURB, in Frabelle Fishing Corp. ruling.
Condonation in Foreclosure: Defining the Scope and Effect of Debt Forgiveness
The Supreme Court clarifies when condonation of a deficiency after foreclosure takes effect and its scope, with practical lessons for debtors and creditors.
When Can a Court Reinstate a Dismissed Appeal: Procedural Lapses in Philippine Law
Philippine Supreme Court explains when procedural lapses in appeals may be overlooked to serve substantial justice, with rules on prescription of mortgage actions.
Prolonged Suspension Equals Constructive Dismissal: Security Guard Rights Under Philippine Labor Law
When a security guard's preventive suspension lasts beyond 30 days without pay, it becomes constructive dismissal entitling the worker to reinstatement and backwages.
Nemo Dat Quod Non Habet: Why Title Verification Matters in Philippine Property Deals
Philippine law bars transferring property you don't own. Learn the nemo dat rule from Hermosilla v. Remoquillo and how to protect your purchase.
Understanding Qualified Rape and the Effect of RA 9346 on Death Penalty Cases
A Supreme Court ruling on incestuous rape clarifies qualified rape elements, victim credibility standards, and how RA 9346 converts death sentences to reclusion perpetua.
Constructive Dismissal: When Employee Transfers Become Unfair Labor Practices
Philippine Supreme Court ruling on when a management transfer becomes constructive dismissal and unfair labor practice.
Constructive Dismissal When Employer Actions Force Employee Resignation
Understand constructive dismissal in Philippine labor law, when employer actions force resignation, and the burden of proof on employers.