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 17771800 of 2,854 articles for let

Real Estate Foreclosure in the Philippines: Notice Requirements and Due Process

A look at Guanco v. Antolo and why strict notice and posting rules govern extrajudicial foreclosure sales in the Philippines.

Prescription of Offenses Under Special Laws: Absence From the Philippines Does Not Suspend the Period

The Supreme Court rules that under Act No. 3326, an accused's absence from the Philippines does not interrupt the prescriptive period for offenses under special laws.

VAT on Sale of Assets: When Is It "In the Course of Trade or Business"?

Philippine Supreme Court clarifies when a sale of company assets is subject to VAT, requiring that the sale occur in the course of trade or business.

Foreshore Rights in the Philippines: When Private Land Meets Public Domain

Philippine foreshore areas are public domain, but private rights can exist. Learn the rules from a Supreme Court ruling.

Documentary Stamp Tax on Foreign Exchange Sales: Who Pays

Philippine Supreme Court ruling on documentary stamp tax liability for foreign exchange sales to the Central Bank.

Behest Loans and the Ombudsman's Discretion: When Courts Refuse to Intervene

The Supreme Court affirms the Ombudsman's dismissal of behest loan charges against DBP officials, underscoring the wide discretion given to the Ombudsman in determining probable cause.

Motion for Reconsideration and Election Protests: The CCP Board Case

The Supreme Court ruled on the constitutionality of filling vacancies in the CCP Board and the limits of the President's appointing power.

Donations to Unregistered Organizations in the Philippines: When Are They Valid?

Philippine Supreme Court ruling on donations to unregistered organizations: why juridical personality matters and what donors and groups must know.

SEC Cease and Desist Orders: When Regulatory Action Violates Due Process

The Supreme Court ruled the SEC acted with grave abuse of discretion by issuing a cease and desist order without proper investigation.

When Can Philippine Employers Dismiss Striking Workers? Illegal Strikes Explained

Philippine law allows employers to dismiss workers who join illegal strikes or commit illegal acts during strikes. Learn the rules.

Who Is in Delay in Reciprocal Obligations? Philippine Contract of Sale Disputes

Philippine Supreme Court clarifies when delay begins in reciprocal obligations under a contract of sale, and why mutual default cancels out.

Real Party-in-Interest and CIAC Jurisdiction in Construction Disputes

The Supreme Court clarifies indispensable parties and CIAC jurisdiction in construction arbitration, using the Heritage Park case as a guide.

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.

Landowner Retention Rights Under PD 27 and RA 6657: Heirs of Griño Case

The Supreme Court clarifies when a landowner may retain agricultural land under PD 27 and RA 6657, and the limits on heirs' retention claims.

Bouncing Checks and Criminal Intent: Upholding Strict Liability Under BP 22

The Supreme Court affirms that BP 22 punishes the mere issuance of a bouncing check, regardless of intent or purpose.

Gross Negligence of Counsel Can Justify New Trial in Criminal Cases

When a lawyer's gross negligence deprives an accused of due process, courts may reopen the case for a fair trial.

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.

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.

When a Judge's Contempt Power Becomes Grave Abuse of Authority

Supreme Court fines judge for citing a building operator in contempt over a switched-off circuit breaker, reaffirming limits on judicial contempt power.

Due Process Prevails in Property Disputes: When a Writ of Possession Cannot Be Enjoined

The Supreme Court clarifies when a writ of possession in extrajudicial foreclosures is ministerial and when due process protects third-party possessors.

Employer Liability When an Employee's Crime Becomes the Company's Debt

Philippine Supreme Court ruling on employer subsidiary liability for crimes committed by employees, and when companies must answer for employee misconduct.

Limits of Administrative Rulemaking: Can Implementing Rules Expand a Law's Scope?

The Supreme Court clarifies that implementing rules cannot expand a law's scope, upholding DepEd Order No. 1, Series of 2003.

Seafarers Are Contractual Employees: What This Means for Benefits Claims

Supreme Court clarifies that seafarers are contractual, not regular, employees—affecting 13th month pay and disability benefits claims.

Untangling Tax Assessment Appeals: Deadlines and Excusable Neglect

A bank missed the 30-day window to appeal its tax assessment to the CTA. The Supreme Court explains why deadlines are jurisdictional and when relief is unavailable.