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 169–188 of 188 articles for “jurisdiction”

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Oct 6, 1999 replevin civil procedure court jurisdiction writ enforcement chattel mortgage philippine law

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.

Oct 4, 1999 estate law legal personality probate claims against estate civil procedure debt collection

Suing a Deceased Person in the Philippines: Estate Claims and Legal Personality Rules

Can you sue a deceased person's estate in the Philippines? Learn the legal personality rules and proper probate procedure for collecting debts from an estate.

Sep 29, 1999 property law fishpond ownership bfar public land jurisdiction land registration

Fishpond Ownership in the Philippines: When BFAR Jurisdiction Overrides Court Decisions

Philippine courts cannot declare private ownership over public land designated for fishponds—only BFAR holds that authority. Learn the rules.

Aug 30, 1999 academic freedom due process degree revocation plagiarism education law administrative law

Can Philippine Universities Revoke Degrees? Academic Integrity and Due Process

The Supreme Court affirms a university's power to revoke degrees obtained through fraud, provided due process is observed.

Aug 4, 1999 labor law innocent bystander rule labor injunction corporate restructuring picketing msf tire

MSF Tire v. CA: When a Company Cannot Claim "Innocent Bystander" Status in Labor Disputes

The Supreme Court clarifies when a company with ties to a business in a labor dispute cannot claim "innocent bystander" status to obtain an injunction against picketing.

Jul 18, 1999 election law residency requirement domicile candidate qualification comelec jurisprudence

Residency Requirement for Philippine Candidates: The Domino Doctrine on Domicile

Philippine election law equates residency with domicile. The Domino case shows why voter registration and genuine intent matter for candidates.

Jul 1, 1999 article 125 revised penal code illegal detention proper judicial authority criminal procedure philippine law

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.

Mar 16, 1999 jurisdiction regional trial court municipal trial court partition annulment of deed property disputes

RTC vs. MTC Jurisdiction: Filing Property Partition and Deed Annulment Cases

Learn when property partition and deed annulment cases belong in the RTC or MTC, based on Russell v. Vestil.

Feb 14, 1999 certiorari appeal civil procedure rule 65 philippine litigation

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.

Dec 15, 1998 appeal deadline rules of court jurisdictional period finality of judgment civil procedure batara 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.

Apr 19, 1998 civil procedure counterclaims complaint dismissal rules of court philippine litigation

Counterclaims After Complaint Dismissal: Philippine Rules Explained

Learn when counterclaims survive dismissal of the main complaint under Philippine civil procedure, based on the Fletcher Challenge case.

Mar 26, 1998 labor law nlrc motion for reconsideration certiorari procedural rules

Motion for Reconsideration in NLRC Cases: A Jurisdictional Requirement, Not a Mere Technicality

Filing a Motion for Reconsideration with the NLRC is mandatory before seeking certiorari. Missing this step can be fatal to an otherwise meritorious case.

Aug 20, 1997 docket fees jurisdiction improper venue civil procedure re-filing cases

Docket Fees and Jurisdiction: Re-Filing a Case After Dismissal for Improper Venue

When a case is dismissed for improper venue, must new docket fees be paid upon re-filing? The Supreme Court clarifies the rule.

Aug 6, 1997 labor law motion for reconsideration nlrc procedural rules certiorari illegal dismissal

Motion for Reconsideration Deadlines in Labor Cases: The CEU Lesson

Learn how a missed Motion for Reconsideration deadline made a labor decision final and executory in Centro Escolar University v. NLRC.

Jul 27, 1997 land registration property law pd 1529 newspaper publication due process torrens system

Land Registration in the Philippines: Why Newspaper Publication Is Mandatory

Why newspaper publication is a mandatory requirement in Philippine land registration, and how failing to comply can invalidate your application.

Mar 12, 1997 service of court decisions rules of court due process laza v court of appeals philippine litigation appeal deadlines

Service of Court Decisions in the Philippines: The Laza Case and Due Process

Learn how Philippine courts rule on valid service of decisions, the "sufficient discretion" standard, and the Laza v. Court of Appeals case.

Jan 20, 1997 agrarian reform darab parad jurisdiction r.a. 6657 land dispute

DARAB Jurisdiction Explained: Filing Agrarian Disputes in the Philippines

Learn where to file agrarian disputes in the Philippines—DARAB vs. PARAD jurisdiction clarified under R.A. 6657 and the DARAB rules.

Aug 20, 1996 election law failure of election election protest comelec omnibus election code borja vs comelec

Failure of Election vs. Election Protest: Key Differences Explained

Learn the legal distinction between a failure of election and an election protest, based on the Supreme Court ruling in Borja vs. COMELEC.

Jul 18, 1996 marriage solemnization family code presumptive death judicial jurisdiction family law

Judge's Authority in Marriage Solemnization: Jurisdiction and Validity Rules

Learn the jurisdictional limits of judges solemnizing marriages in the Philippines and the mandatory presumptive death proceeding under the Family Code.

Jun 27, 1996 employees compensation police officers labor law pd 626 on-duty status

When Is a Police Officer Considered On-Duty? Compensation Under Philippine Law

Philippine law treats police officers as on duty 24 hours a day for compensation purposes. Learn how this affects claims under the Employees' Compensation Program.