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 17531776 of 2,672 articles

When Fear Is Not Enough: Unlawful Aggression in Philippine Self-Defense Cases

Philippine law requires actual unlawful aggression for self-defense claims. Learn what counts and what does not under the Revised Penal Code.

Authority to Sign Certification Against Forum Shopping in Corporate Litigation

Who may sign the certification against forum shopping in corporate cases? The Supreme Court clarifies the rules on authority and false certifications.

Usury Law and Contractual Obligations: Striking the Balance in Loan Agreements

The Supreme Court clarifies how the Usury Law interacts with loan restructuring, refinancing, and the binding force of contracts in DBP v. CA.

Right to Present Evidence Ensures Fair Trial Despite Counsel's Absence

Supreme Court rules that a client's right to present evidence cannot be sacrificed due to counsel's absence, ensuring fair trial.

Lawyer Convicted of Direct Bribery: Acejas III vs. People and the Ethics of Representation

The Supreme Court convicted lawyer Francisco Acejas III of direct bribery for conspiring with a public officer to extort money — a warning to all legal professionals.

Exhaustion of Administrative Remedies: Why You Must First Navigate Government Channels

Philippine Supreme Court ruling explains why bidders must exhaust administrative remedies under R.A. 9184 before going to court.

Illegal Dismissal Burden of Proof: Employer Must Substantiate Abandonment Claims

In Velasco v. NLRC, the Supreme Court clarified that employers bear the burden of proving abandonment in illegal dismissal cases, and that separation pay does not replace backwages.

Disqualification and Succession in Local Elections: The Sinsuat Case

Explaining the Supreme Court ruling on disqualification of winning candidates, ballot appreciation, and succession rules in Philippine local elections.

Fraud Voids Donations: Protecting Consent in Property Transfers

Philippine Supreme Court ruling on how fraud and misrepresentation invalidate donations, protecting illiterate donors' consent in property transfers.

Deficiency Judgments in Philippine Foreclosure: Can Banks Recover More After Auction?

Philippine Supreme Court clarifies when banks can collect deficiency after extrajudicial foreclosure of real estate mortgages.

Equitable Mortgage vs Absolute Sale: What Philippine Courts Look For

When is a deed of sale really a mortgage? The Supreme Court explains the rules on equitable mortgage in Cirelos v. Hernandez.

When Government Salaries Can Be Withheld: The Santiago COA Ruling

The Supreme Court clarifies when COA may withhold a government employee's salary for an alleged cash shortage, and when it cannot apply the withheld amounts.

Stare Decisis in Philippine Courts: How Prior Rulings Bind Future Cases

The Supreme Court applies stare decisis to bar relitigation of the Pepsi The decision demonstrates how prior rulings on the same controversy can bar subsequent claims and promote consistency in the ad

Demand NOT Always Needed When Philippine Banks CAN Foreclose Without Prior Notice

Philippine Supreme Court clarifies when banks may foreclose without prior demand, and limits on preliminary injunctions against foreclosure.

Protecting Your Inheritance: Why Heirs' Consent Matters in Estate Partition

Learn how the Supreme Court protects heirs' inheritance rights in estate partition, and why an administrator's failure to follow the decedent's will amounts to extrinsic fraud.

Proving Land Ownership in the Philippines: Tax Declarations and Cadastral Surveys in Quieting Title Cases

Learn how tax declarations, cadastral surveys, and possession determine ownership in Philippine land disputes, based on a Supreme Court ruling.

Interest on Maritime Liens in the Philippines: When Does the Clock Start Ticking?

Philippine Supreme Court clarifies when legal interest on a maritime lien begins to accrue—from extrajudicial demand, not from foreclosure sale.

Regular Employment Status: When a Probationary Employee Becomes Regular

Understand when a probationary employee becomes regular under Philippine law, based on the Supreme Court's ruling in Dusit Hotel Nikko v. Gatbonton.

Protecting Landowner Rights Due Process and Just Compensation in Agrarian Reform

Learn how the Supreme Court balanced landowner due process rights with farmer-beneficiary qualifications in agrarian reform cases under RA 6657.

Exhausting Administrative Remedies with the COA: A Prerequisite for Money Claims Against Government Agencies

Philippine Supreme Court ruling clarifies that money claims against government agencies must first be filed with the COA before going to court.

Counterclaims and Forum Shopping: Why No Certification Is Needed for Defenses

Learn when a forum shopping certification is required in Philippine civil cases—and why counterclaims and defenses are exempt under the rules.

Documentary Stamp Tax on Pawnshop Pledges: A Clear Guide

The Supreme Court confirms pawnshop pledges are subject to documentary stamp tax under the National Internal Revenue Code. Learn the rules.

DARAB Jurisdiction Covers Agrarian Disputes Beyond Landlord-Tenant Relationships

Supreme Court clarifies DARAB jurisdiction extends to all agrarian disputes, including joint production agreements under CARP, not just traditional landlord-tenant cases.

When a Lawyer's Negligence Leads to Suspension: The Adecer v. Akut Case

A lawyer who misses the deadline for filing a client's petition for probation faces administrative liability, even if the client was also negligent.