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 145168 of 193 articles for demand

Estafa vs. Breach of Contract: When a Failed Deal Is Not a Crime

Philippine Supreme Court ruling clarifies when failure to deliver goods after advance payment is civil breach, not criminal estafa.

Trust Receipts Law Liability: When Agents Face Estafa Charges

Learn when corporate agents can face criminal liability for estafa under the Trust Receipts Law, based on the Supreme Court's ruling in Ong v. Court of Appeals.

Venue in Philippine Breach of Contract Cases: The DAPCO v. Dole Lesson

Learn how Philippine courts determine venue in lease disputes, and why filing in the wrong place can get your case dismissed.

Forgery Claims and Document Production: The Right to Examine Evidence in Court

When can a court deny a motion to examine documents for forgery? The Supreme Court clarifies the limits of judicial discretion.

Lessor’s Liability for Defects and Repairs: Key Lessons from De Ysasi v. Arceo

Learn when Philippine lessors are liable for property defects and repairs, and why lessee inspection matters under De Ysasi v. Arceo.

Rescinding a Land Sale in the Philippines: Why a Letter Is Not Enough

Philippine law requires a judicial or notarial act to rescind a sale of immovable property—even with an automatic rescission clause.

Bouncing Checks Law: The 90-Day Rule and Proof of Knowledge Under BP 22

Presenting a check after 90 days does not bar prosecution under BP 22—knowledge of insufficient funds can still be proven by other evidence.

Sheriff’s Neglect of Duty: When Failure to Implement a Writ Means Dismissal

The Supreme Court held a sheriff liable for grave misconduct and gross dishonesty for failing to implement a writ of preliminary attachment and mishandling funds.

Revoking a Donation for Ingratitude in the Philippines: The Noceda Case

Philippine law allows donors to revoke gifts when donees show ingratitude, such as usurping the donor's property. Learn the rules and limits.

When Can a Lawyer Be Disciplined? IBP Jurisdiction Over Attorney Misconduct and Private Debts

A lawyer who ignores IBP orders can face sanctions even when the underlying complaint involves a private debt. Learn the rules.

Expired Business Permit and Court-Ordered Reopening: The Mathay v. Felt Foods Rule

When a business permit expires, courts generally cannot compel an LGU to allow reopening—even if the closure order was questionable.

Bouncing Checks Under B.P. 22: When a Check Used as Loan Security Still Leads to Criminal Liability

The Supreme Court clarifies that issuing a bouncing check is a crime under B.P. 22, even if the check was only security for a loan.

Contradictory Testimony and Witness Credibility in Philippine Criminal Cases

How inconsistent witness testimony can create reasonable doubt and lead to acquittal in Philippine criminal cases, as shown in People vs. Hernani.

Reasonable Doubt in Philippine Rape Cases: People v. Desamparado Explained

How the Supreme Court acquitted a rape accused despite medical evidence, and what this means for Philippine criminal justice.

Lease Agreements in the Philippines: Why Written Consent Before Construction Matters

Learn how the Supreme Court's ruling in Bugatti v. Baguilat underscores the need for a perfected lease contract before construction begins.

Demolition Requires Special Court Order: Morta v. Sañez and Due Process

A writ of execution does not authorize demolition. A special court order after notice and hearing is required under Rule 39, Section 10(d).

Subleasing Without Landlord Consent: Ejectment Risks in Philippine Unlawful Detainer Cases

Sublessees without landlord consent face eviction when the main lease ends. Learn the rules from Jimenez v. Patricia, Inc.

Burden of Proof in Rape Cases: Why Evidence Is Paramount in Philippine Courts

A Supreme Court ruling shows why proof beyond reasonable doubt, not outrage, determines rape convictions in the Philippines.

Verbal Contracts in the Philippines: Why Written Agreements Win in Court

Verbal contracts are valid in the Philippines but hard to prove. Learn from Romago v. Court of Appeals why written agreements prevail.

Laches vs. Torrens Title: Why Delay Can Cost You Your Land in the Philippines

A Torrens title is strong but not absolute—unreasonable delay in asserting ownership can lead to losing the property to laches.

Notice of Dishonor Under BP 22: Why Actual Receipt Matters in Bouncing Check Cases

Under BP 22, a bounced check issuer can only be convicted if properly notified of dishonor. The Betty King case shows why actual notice is crucial.

Forcible Abduction with Rape: Why "Sweetheart" Status Does Not Equal Consent

Philippine Supreme Court ruling clarifies that romantic relationships never imply consent to sexual acts, especially when force or abduction is involved.

Credibility of Rape Victim Testimony: Insights from People vs. Agunos

Philippine courts may convict on a rape victim's credible testimony alone. Learn the rules from People vs. Agunos.

Legal Interest in Philippine Judgments: Simple vs. Compound Interest Explained

Philippine courts apply simple legal interest on monetary judgments unless compound interest is explicitly stipulated. Learn the rules from David vs. Court of Appeals.