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 456 articles for remedies

Mortgage in Good Faith: Protecting Lenders in Philippine Real Estate Transactions

The Supreme Court explains how the mortgagee-in-good-faith doctrine shields lenders who rely on a clean Torrens title, even if fraud taints the chain.

Sheriffs Must Follow Execution Procedures Exactly or Face Administrative Liability

A sheriff who skipped the demand step before garnishing and levying property was suspended for simple misconduct by the Supreme Court.

Faulty Notarization Foils Contract Cancellation: Buyer Entitled to Refund Under Maceda Law

When a developer's notice of cancellation fails notarial requirements, the contract remains valid and the buyer may claim refunds under the Maceda Law.

Valid Service of Summons in Foreign Judgment Recognition: Key Lessons from Express Padala v. Ocampo

Philippine Supreme Court ruling on invalid substituted service of summons in foreign judgment recognition, and its due process implications.

Upholding Local Authority When Business Permits AND Public Welfare Collide

Supreme Court ruling on when local governments may validly withhold permits and shut down businesses for sanitation violations.

Finality of DAR Orders: Due Process in Agrarian Reform Cases

Learn how the Supreme Court upholds the finality of DAR orders, the rules on land reclassification, and due process in agrarian reform.

Spousal Consent in Property Sales: Why a Sale Without Written Consent Is Void

Selling conjugal property without the other spouse's written consent is void under Philippine law. Learn the rules and buyer protections.

Statutory Rape and Acts of Lasciviousness: Protecting Children Under Philippine Law

Explaining statutory rape vs. acts of lasciviousness, and why an accused's death extinguishes criminal liability under Article 89 of the RPC.

When Attorney Negligence Doesnt Equal Extrinsic Fraud Protecting Final Judgments

The Supreme Court clarifies that a lawyer's negligence, without malice or connivance with the adverse party, does not constitute extrinsic fraud to annul final judgments.

Correcting Birth Certificate Entries: When to File with the Civil Registrar or the Court

Philippine Supreme Court clarifies when birth certificate corrections need administrative filing under RA 9048 versus judicial action under Rule 108.

Submarine Cables as Taxable Real Property: Supreme Court Clarifies Local Government Authority

The Supreme Court rules submarine cables are taxable real property, affirming local governments' power to impose real property tax on these assets.

Project Employment vs Regular Employment: What Philippine Law Says

Philippine Supreme Court clarifies when construction workers are project employees and not regular employees, and what this means for termination rights.

Third-Party Claims in Property Execution: PSALM v. Maunlad Homes Explained

Learn how Philippine law protects third-party property owners from wrongful levy during judgment execution, based on PSALM v. Maunlad Homes.

Corporate Representation: The Necessity of Board Resolutions in Legal Actions

Philippine Supreme Court clarifies when corporate officers need board resolutions to file or defend legal actions, and the limits of derivative suits.

Conspiracy and Probable Cause in Corporate Criminal Cases: The Ient v. Tullett Prebon Ruling

Supreme Court clarifies when conspiracy and probable cause establish criminal liability for corporate officers under the Corporation Code.

Hierarchy of Courts and Exhaustion of Administrative Remedies: The Imperative for Orderly Legal Processes

The Supreme Court reiterates that parties must observe the hierarchy of courts and exhaust administrative remedies before seeking judicial relief.

Union Dues Increase: Supreme Court Requires Strict Compliance for Agency Fees

The Supreme Court ruled that increased union agency fees require strict compliance with Labor Code approval and documentation requirements.

Emancipation Patents Under Voluntary Land Transfer: The Marinas Ruling

The Supreme Court clarifies when emancipation patents are valid under PD 27's Voluntary Land Transfer scheme, including co-owner consent and payment timing.

Enforcement of Government Contracts: Recovery Allowed Despite Lack of Funds Certification

Supreme Court allows contractor recovery for government equipment leases despite missing funds certification, citing quantum meruit and equity.

Securities Deposit Immunity Protecting Policyholders Interests IN Insurance Contracts

Learn how the Supreme Court protects policyholders' interests through the securities deposit immunity rule in insurance contracts.

Mining Rights vs. Indigenous Peoples: Exhaustion of Remedies and Grave Abuse of Discretion

The Supreme Court in Alecha v. Atienza underscores the exhaustion doctrine and limits of grave abuse of discretion in mining disputes.

Res Judicata in Annulment of Judgments: Prior Relief Bars Subsequent Action

Philippine Supreme Court clarifies when a petition for annulment of judgment under Rule 47 is barred by a prior petition for relief.

Upholding Judicial Stability: No Interference with Execution of Final Judgments

A losing party cannot file a separate action to stop execution of a final judgment. The proper remedy is before the issuing court.

Franchise Tax vs Real Property Tax: Clarifying NGCP's Tax Liabilities

Supreme Court clarifies when NGCP's franchise tax covers real property taxes and when local governments may still collect them.