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 169192 of 193 articles for demand

Nationwide Reach of Replevin Writs: Jurisdiction and Enforcement in Philippine Courts

Philippine courts can enforce replevin writs nationwide. Learn how jurisdiction is determined and what it means for creditors and debtors.

Article 125 and the Proper Judicial Authority: Filing Before the MTC Stops the Detention Clock

Filing a complaint with the MTC counts as delivering a detainee to the proper judicial authority under Article 125, even without trial jurisdiction.

Certiorari vs Appeal: Choosing the Right Remedy in Philippine Courts

Learn when to file certiorari versus appeal in Philippine courts, based on the Supreme Court's ruling in Asian Trading Corporation v. Court of Appeals.

Missed Appeal Deadlines in the Philippines: Strict Rules, Rare Exceptions

Philippine courts strictly enforce the 15-day appeal period. Missing it can end a case, with only truly exceptional circumstances excusing delay.

Grave Coercion vs. Illegal Detention: How Intent Shapes Philippine Criminal Liability

Philippine law distinguishes grave coercion from illegal detention by the accused's intent. Learn how the Supreme Court applies this test.

Kidnapping for Ransom with Murder: The Special Complex Crime Explained

Philippine law treats kidnapping for ransom that ends in death as one special complex crime. Learn the rule from People v. Ramos.

Corporate Authority in Property Sales: Why Board Approval Matters in the Philippines

A corporate officer cannot sell company land without board approval. Learn the due diligence steps to protect your property transaction.

Right of Way Easements in the Philippines: The Least Prejudice Rule and Due Process

Philippine courts require hearing all affected landowners in right of way disputes. Learn the least prejudice rule from Almendras v. Court of Appeals.

Buyer’s Right to Specific Performance When a Seller Backs Out of a Contract to Sell

Philippine Supreme Court ruling clarifies that sellers cannot unilaterally rescind a Contract to Sell, and buyers may sue for specific performance.

Home Lot Rights in Philippine Tenancy: Only the Tenant is Entitled

The Supreme Court clarifies that only the tenant, not family members, may claim a home lot under RA 1199, Section 22(3).

Failure to File Corporate By-Laws: Not Automatic Dissolution in the Philippines

Philippine Supreme Court ruling clarifies that failing to file corporate by-laws on time does not automatically dissolve a corporation.

Surety vs. Guaranty in Philippine Law: Key Differences and Liability

Learn the difference between surety and guaranty under Philippine law, and why contract wording—not titles—determines your liability.

Employee vs. Partner in the Philippines: The Villaruel Case on Proof of Partnership

When is a worker an employee, not a partner? The Villaruel case clarifies the burden of proof and protects workers' labor rights.

Sheriff’s Sales in the Philippines: Notice Rules and What Torres v. Cabling Teaches

Learn the notice and payment rules for sheriff’s sales in the Philippines, explained through the landmark case of Torres v. Cabling.

Receivership in the Philippines: When Courts Appoint a Receiver Under Rule 59

Learn when Philippine courts may appoint a receiver under Rule 59, based on the Supreme Court's ruling in Commodities Storage & Ice Plant Corp. v. CA.

Lease Abandonment and Tenant Rights: The Paterno v. Court of Appeals Case

The Supreme Court's ruling in Paterno v. Court of Appeals clarifies when a tenant's departure amounts to lease abandonment and what it means for landlords and occupants.

Withdrawing a Criminal Appeal in the Philippines: Rights and Limits After Conviction

Can a convicted person withdraw a criminal appeal in the Philippines? People v. Redulosa explains the right, limits, and consequences.

Sheriff’s Fees in the Philippines: Rules, Limits, and the Abellera Case

Learn the legal limits on sheriff’s fees in the Philippines, the Abellera ruling on excessive charges, and practical safeguards for litigants.

Check-Off Provisions in Philippine Labor Law: Employer Liability for Uncollected Union Dues

When an employer fails to deduct union dues under a CBA check-off, is it liable for the uncollected amount? The Supreme Court clarifies.

Illegal Recruitment and Estafa in the Philippines: Key Lessons from a Supreme Court Case

Learn how Philippine courts handle illegal recruitment and estafa, and what job seekers must know to avoid scams.

Attempted Rape in the Philippines: Elements, Intent, and Legal Consequences

Learn the legal distinction between consummated and attempted rape in the Philippines, including the elements of intent, overt acts, and interruption.

Self-Defense in the Philippines: When Using Force Becomes Justifiable

Philippine law allows self-defense only under strict conditions. Learn the rules, the limits of proportionate force, and key lessons from a Supreme Court case.

Recto Law Explained: Deficiency Claims After Chattel Mortgage Foreclosure

Understand Article 1484 (Recto Law) and when sellers can still recover attorney's fees after foreclosing on installment-sold personal property.

Right of Way Disputes in the Philippines: The Least Prejudicial Rule Explained

Learn how Philippine courts choose the least prejudicial right of way under the Civil Code and the Quimen case.