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 390 articles for recovery

VAT Refund Claims: Strict Deadlines and Proper Documentation Required

Philippine Supreme Court clarifies VAT refund rules: strict 2-year filing deadlines and the necessity of official receipts for zero-rated services.

Unjust Enrichment When A Failed Contract Requires Restitution

When a promised subcontract falls through, can the money paid be recovered? The Supreme Court explains unjust enrichment and restitution.

Ejectment Cases: Proving Tolerance and Co-Ownership Rights in Unlawful Detainer

Understand when unlawful detainer fails: proving tolerance, co-ownership rights, and the Quijano v. Amante ruling on possession.

Casino Chips, Ownership, and the Presumption of Title: Subic Bay Legend Resorts v. Fernandez

A casino confiscated chips from two players, claiming they were stolen. The Supreme Court ruled on ownership, possession, and bad faith.

OFW Illegal Dismissal: Full Salary for Unexpired Contract, Not Just 3 Months

The Supreme Court affirms that illegally dismissed OFWs are entitled to full salaries for the unexpired portion of their contracts, striking down the three-month cap as unconstitutional.

Counterclaims Survive Independent Adjudication After Complaint Dismissal

The Supreme Court clarifies that dismissing a complaint does not automatically kill the defendant's counterclaim, which may proceed independently.

Ill-Gotten Wealth, Close Association with Marcoses, and Asset Recovery: A Legal Primer

Learn how Philippine courts define "ill-gotten wealth," prove close association with the Marcoses, and recover assets under sequestration laws.

Private Rights vs State Reservations: When Long Possession of Public Land Cannot Ripen Into Ownership

Philippine Supreme Court clarifies that unclassified public land cannot be privately owned without positive government act declaring it alienable and disposable.

Relaxing Procedural Rules in the Interest of Justice: Filing Deadlines and Verification Requirements in Philip

The Supreme Court clarifies when courts may relax filing deadlines and verification rules, emphasizing substantial justice over technicalities.

Continuing Suretyship in the Philippines: Liability for Future Debts Explained

Learn how the Supreme Court upheld a surety's liability for future debts under a Continuing Suretyship, and when courts may reduce attorney's fees.

Property Disputes: Jurisdiction and Estoppel in Free Patent Repurchase Cases

Learn how the Supreme Court ruled on RTC jurisdiction over free patent repurchase actions and the principle of jurisdiction by estoppel.

When Remand Limits Amendments: Damages in Expropriation Cases

Supreme Court rules on when courts may allow amended complaints after remand in eminent domain cases, protecting property owners' rights.

Quasi-Delict Liability in Vehicular Accidents: What the Supreme Court Ruling Means

A recent Supreme Court ruling clarifies negligence, vicarious liability, and insurer subrogation in Philippine vehicular accident claims.

Foreign Land Ownership: No Reimbursement for Unconstitutional Purchases

A foreigner who knowingly violates the constitutional ban on land ownership cannot recover the purchase price, even under equity or unjust enrichment claims.

Jurisdictional Thresholds in Collection Cases: Learning from Cabrera v. Francisco

How courts determine jurisdiction in collection cases, using the Supreme Court's ruling in Cabrera v. Francisco as a guide.

Tax Treaty Benefits vs. BIR Rules: The Deutsche Bank Ruling on Prior Application

The Supreme Court clarifies that failure to comply with the BIR's prior application rule does not automatically bar tax treaty relief.

Private Prosecutors in Perjury Cases: Upholding the Offended Party's Rights

Explaining when a private prosecutor may intervene in perjury cases, citing the Supreme Court's ruling in Lee Pue Liong v. Chua Pue Chin Lee.

Shared Responsibility: Apportioning Liability Between Carriers and Arrastre Operators for Cargo Damage

Philippine Supreme Court clarifies when carriers and arrastre operators share liability for damaged cargo, and the rules on subrogation and prescription.

Independent Civil Actions and Criminal Liability: Prejudicial Questions in Estafa Cases

When does a civil case suspend a criminal prosecution? The Supreme Court clarifies the prejudicial question rule in estafa cases.

Heirship Disputes Must Be Resolved in Special Proceedings, Not Ordinary Civil Actions

Philippine Supreme Court clarifies that determining legal heirs requires a special proceeding, not an ordinary action for reconveyance.

Double Insurance Claims: When CBA Hospitalization Benefits Exclude Other Insurer Payments

Philippine Supreme Court rules on whether CBA hospitalization benefits can be claimed alongside other health insurance payments. Key ruling explained.

When Attorney's Fees Are Not Automatic: The Rule of Article 2208

The Supreme Court clarifies when courts may award attorney's fees under Article 2208 of the Civil Code, requiring clear factual and legal justification.

Attorney’s Fees in the Philippines: When Courts Can Award Them

Philippine courts cannot award attorney's fees without clear justification. Learn the rules under Article 2208 of the Civil Code.

Waiver of Demand and Interest Rate Limits in Philippine Loan Agreements

The Supreme Court clarifies when demand is unnecessary before default and why courts reduce excessive stipulated interest rates.