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 17291752 of 2,407 articles for writ

Upholding Employee Rights When Supervisor Instructions Shield Against Dismissal for Disobedience

Philippine Supreme Court rules an employee following supervisor orders in good faith cannot be dismissed for willful disobedience.

Illegal Recruitment Testimonial Evidence Trumps Lack OF Receipts

Philippine Supreme Court ruling on illegal recruitment cases where testimonial evidence outweighs the absence of receipts or documentary proof.

Judicial Accountability Fines and Warnings for Neglect of Duty and Delays in Case Resolution

The Supreme Court fined a judge P40,000 for gross inefficiency and misconduct over delayed case rulings and defiance of court orders.

Liability for Unfounded Accusations: Upholding Personal Dignity in Theft Investigations

When a theft suspect is publicly accused without proof, Philippine law on human relations may award moral damages.

Perfecting Mortgage Registration: Entry Book Notice Prevails Despite Fee Delay

Supreme Court clarifies that entry in the Register of Deeds' primary entry book constitutes registration, even if fees are paid the next day.

Judge's Erroneous Release of Supersedeas Bond and Rental Deposits in Ejectment Case

A judge who allowed a defendant to withdraw the supersedeas bond and rental deposits pending appeal in an ejectment case was held liable for gross ignorance of the law.

Illegal Dismissal and Retirement Age: When Expiring Contracts Mask Unlawful Termination

Supreme Court clarifies when a "contract expiration" is really illegal dismissal, and why early retirement requires an employee's explicit consent.

Enforcing Time Limits: Carrier Liability Hinges on Timely Notice of Cargo Damage

Timely written notice of cargo damage is a condition precedent to suing a carrier. The Supreme Court explains why in Federal Express v. American Home Assurance.

Forged Signatures and Bank Liability: Protecting Depositors in Check Transactions

When a bank pays out on a forged check, who bears the loss? The Supreme Court clarifies the rules on bank liability under Philippine law.

When Eminent Domain Leads to Total Loss: Just Compensation for Uninhabitable Property

When government projects render private property uninhabitable, the taking is deemed complete and full just compensation is due.

Voluntary Submission: How Filing a Motion Can Establish Court Jurisdiction

Filing any motion without objecting to jurisdiction can constitute voluntary submission to a Philippine court's authority over a defendant's person.

Standing to Sue, Co-Ownership Authority, and the Demurrer to Evidence in Philippine Law

Philippine Supreme Court clarifies when a co-owner may sue alone and why lack of authority is not a ground for demurrer to evidence.

Liability for Security Guard Actions: Clarifying Employer Responsibility in the Philippines

Philippine Supreme Court clarifies when a business is liable for a security guard's wrongful acts and when the security agency bears responsibility.

Proof of Payment: Why Vouchers Aren't Receipts Under Philippine Law

Philippine Supreme Court clarifies why disbursement vouchers are not receipts and what actually proves payment in civil cases.

Shareholder Rights vs PCGG Authority: Jurisdiction in Corporate Disputes Involving Government Assets

Supreme Court clarifies Sandiganbayan jurisdiction limits in corporate disputes involving sequestered assets and stockholder pre-emptive rights.

Conflict of Interest Upholding Ethical Standards for Court Sheriffs

Explaining how the Supreme Court disciplines court sheriffs for conflict of interest and misconduct, setting ethical standards.

Breach of Contract and Preliminary Attachment: D.M. Wenceslao v. Readycon

Supreme Court clarifies when a wrongful attachment claim succeeds and when a contract balance becomes due, in a construction supply dispute.

Timeliness Matters: How Late Filing Can Cost You Your Case

Learn how a late filing can cost you your case, and why procedural deadlines matter in Philippine courts.

When Exam Integrity Is Questioned: The Limits of Mandamus in Professional Licensing

Passing a licensure exam does not automatically entitle a candidate to a professional license, especially when exam integrity is under official investigation.

The Right to Be Heard: Due Process in Judicial Proceedings

A judge who grants a motion without notice violates due process. This case explains the rule on notice and hearing.

Estafa Conviction Upheld for Deceit in Mobilization Fund Scheme

Supreme Court affirms estafa conviction for contractor who misrepresented ability to mobilize equipment and misappropriated P600,000 mobilization fund.

Independent Contractor vs Employee: Defining the Lines in Media Talent Engagements

The Supreme Court clarifies when a TV or radio host is an independent contractor, not an employee, using the control test.

Unlocking Discovery: Compelling Answers to Written Interrogatories in Philippine Civil Procedure

Explore when courts must compel answers to written interrogatories and why "fishing expedition" objections fail under Philippine discovery rules.

Contractual Obligations Upholding Clear Terms In Waiver Agreements

The Supreme Court enforces the plain terms of a waiver agreement, ruling that clear contractual stipulations prevail over claims of unexpressed intent.