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.

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Protecting Deliberations: The Scope of Deliberative Process Privilege in Philippine Law

Explore the deliberative process privilege in Philippine law, its scope, limits, and how courts balance confidentiality with transparency.

Breach of Trust: Upholding Termination for Unauthorized Disclosure and False Certifications in Banking

Philippine Savings Bank v. Barrera clarifies when banks may validly dismiss officers for breach of trust, unauthorized disclosures, and false certifications.

Credibility of a Rape Survivor's Positive Identification and Corroborating Evidence in Sexual Assault Cases

The Supreme Court affirms a rape conviction, explaining how a victim's credible, positive identification and corroborating evidence outweigh defenses of denial and minor inconsistencies.

Valid Notice in Corporate Meetings: Mailing vs Receipt in the Philippines

Learn when termination notices are valid in the Philippines—mailing vs receipt, and the 30-day rule under the Labor Code.

Forged Deeds and Imprescriptible Rights: Protecting Land Ownership in the Philippines

Philippine Supreme Court ruling on forged deeds, land ownership protection, and the limits of prescription in property disputes.

Chattel Mortgage Foreclosure: Lender's Duty After Repossession in the Philippines

Learn the lender's obligations after chattel mortgage foreclosure and repossession in the Philippines, including redemption rights and borrower protections.

Heirs Obligations Settling Debts Before Inheritance Distribution

Philippine Supreme Court ruling on heirs' duty to settle decedent's debts before inheritance distribution, including interest rules.

Surety Agreements: Solidary Liability and Waiver of Rights in Loan Obligations

Philippine Supreme Court ruling on surety liability, accommodation mortgagors, and waiver clauses in loan deficiency claims.

Surety Liability After Foreclosure: Carodan v. China Banking Corporation

When a bank releases a principal debtor's collateral, a surety may still be liable for the deficiency if the surety agreement expressly allows it.

Dacion en Pago vs. Equitable Mortgage: Lessons from Villarta v. Talavera

The Supreme Court clarifies when a property transfer is a valid dacion en pago, not an equitable mortgage, in Villarta v. Talavera.

When Courts Lack Jurisdiction: Unlawful Detainer and the Limits of Mandamus in Local Governance

Understand when a case is unlawful detainer vs. accion publiciana, and why jurisdictional errors void court decisions.

Pactum Commissorium: When Mortgage Agreements Unfairly Benefit Lenders

Philippine Supreme Court ruling on mortgage validity, unconscionable interest rates, and when borrowers cannot escape contractual obligations.

Can a University Be Bound by Unauthorized Mortgages? Corporate Authority Explained

When can a corporation be bound by an officer's unauthorized acts? The Supreme Court explains in University of Mindanao v. Bangko Sentral ng Pilipinas.

Mortgages on Land Reform Properties: Balancing Bank Rights and Agrarian Justice

When land reform and bank mortgages collide, who gets the just compensation? The Supreme Court settles the rule.

Assignment of Mortgage and BSP’s Foreclosure Authority Hinges on Valid Deed

Philippine Supreme Court clarifies when a bank may foreclose a mortgage assigned to it, requiring a valid deed of assignment.

Conflicting Medical Reports: When a Seafarer Gets Full Disability Benefits

Philippine Supreme Court rules on conflicting company doctor reports, entitling seafarer to full permanent disability benefits under POEA-SEC.

Security of Tenure vs Management Prerogative: Balancing Rights in Security Agency Employment

Philippine Supreme Court ruling on the balance between security of tenure and management prerogative in security agency employment.

Spontaneous Confessions in Parricide Cases: When the Right to Counsel Does Not Apply

A son's spontaneous confession to police was admissible despite no lawyer present, because custodial investigation had not yet begun.

Plaintiff’s Duty to Prosecute: Pre-Trial Setting Not Solely the Court’s Burden

The Supreme Court clarifies that the guidelines on pre-trial do not remove a plaintiff’s duty to move for pre-trial; failure without justifiable cause warrants dismissal.

Venue in Deficiency Claims: A Personal Action After Foreclosure

The Supreme Court clarifies that an action to recover a mortgage deficiency after extrajudicial foreclosure is a personal action, not a real action.

Mortgage Foreclosure Absence of Special Power to Sell Invalidates Extrajudicial Proceedings

Philippine Supreme Court rules that extrajudicial foreclosure requires a special power to sell inserted in or attached to the mortgage deed, otherwise the proceedings are void.

Upholding Client Trust: Lawyer Suspended for Mismanaging Settlement Funds and Unauthorized Agreements

A lawyer who settled a client's case without consent and kept the P100,000 proceeds was suspended for two years and ordered to return the money.

Mortgage Nullification and Condominium Buyer Protection: Balancing Rights and Obligations

Supreme Court clarifies that a condominium buyer can nullify a mortgage only insofar as it affects their unit, not the entire mortgage.

Upholding Client Trust: Attorney Disbarred for Neglect, Non-Communication, and Practicing While Suspended

The Supreme Court disbarred a lawyer for neglecting a client's case, failing to return funds, and practicing law while under suspension.