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 501 articles for pleading

Constructive Dismissal: When a Security Guard's Prolonged Floating Status Becomes Illegal Dismissal

The Supreme Court clarifies when a security guard's floating status beyond six months amounts to constructive dismissal, entitling the guard to separation pay and back wages.

Indigency and Access to Courts: Balancing Constitutional Rights with Procedural Rules

The Supreme Court clarifies when counsel's negligence binds clients and why procedural rules on appeals remain jurisdictional.

Attorney Negligence and Breach of Duty: When a Lawyer's Inaction Costs a Client the Case

A Supreme Court ruling on lawyer accountability: negligence and lack of candor lead to a two-year suspension from practice.

Upholding Competence and Diligence: Attorney Suspended for Neglect of Client's Case

A lawyer's suspension from practice does not end his duty to clients. The Supreme Court suspends Atty. Baterina for gross negligence.

Counsel's Negligence and Due Process: When Can a Client Reopen a Case

When a lawyer's mistake hurts a client's case, can the case be reopened? The Supreme Court explains the limits of due process and counsel negligence.

Retaliatory Dismissal: Protecting Employees Who Assert Their Rights

The Supreme Court affirms that firing workers for filing labor complaints violates security of tenure and constitutes illegal dismissal.

Sovereign Immunity and Environmental Responsibility: Jurisdiction in the Tubbataha Reef Case

The Supreme Court clarifies sovereign immunity limits and environmental accountability in the USS Guardian grounding at Tubbataha Reefs.

Treble Costs Under Rule 65: When Courts May Penalize Frivolous Petitions

The Supreme Court clarifies that treble costs under Rule 65 are discretionary, requiring clear justification, not automatic penalties.

Burden of Proof in Labor Disputes: Employers Must Substantiate Claims of Payment

Employers who claim they paid workers' wages and benefits must prove it with payroll records. Learn the rule from a 2014 Supreme Court case.

Amending Lease Contracts: Upholding Written Agreements and Preventing Unjust Enrichment

Philippine Supreme Court ruling on lease amendments, judicial admissions, and why unjust enrichment claims fail when a lessee violates the contract.

Vehicle Accidents and Utility Posts: Liability Under Philippine Law

Learn how Philippine courts determine liability when a vehicle damages utility infrastructure, including negligence, vicarious liability, and damages.

Lawyer Suspended for Neglect and Unethical Advice: Pitcher v. Gagate

The Supreme Court suspended a lawyer for three years for improper advice, neglect, and abandonment of a client in estate matters.

Partial Payment of Filing Fees in BP 22 Cases: The Supreme Court’s Ruling on Access to Justice

The Supreme Court allows complainants in multiple BP 22 cases to pay filing fees per case, ensuring access to justice.

Upholding Employee Rights NPC Employees Entitled TO Separation PAY Despite Corporate Restructuring

Supreme Court rules NPC illegally dismissed employees entitled to separation pay, backwages despite corporate restructuring under EPIRA.

Default Judgments and Due Process: Proving Ownership Claims in Philippine Courts

Philippine Supreme Court clarifies that default judgments still require proof of claims, and bare allegations cannot establish ownership of property.

Partition Rights CO Ownership VS Prior Judgment IN Philippine Property LAW

Supreme Court clarifies that a default judgment cannot substitute for proof of co-ownership, and a tax declaration alone does not establish title.

Local Government Representation Legal Officers Exclusive Authority

Supreme Court clarifies that local government units must be represented by their legal officers, not the OSG, in court cases.

Lost Notice Lasting Consequences Attorneys Neglect AND THE Unauthorized Practice OF LAW

A lawyer's "I didn't receive the notice" excuse fails when neglect costs a client due process. Learn the ethical duties at stake.

Attorney Accountability: Burden of Proof in Disbarment Cases Against Lawyers

Disbarment complaints require clear preponderant evidence, not mere assumptions. The Supreme Court explains the burden of proof in lawyer discipline cases.

Relaxing Procedural Rules in the Interest of Justice: Filing Deadlines and Verification Requirements in Philip

The Supreme Court clarifies when courts may relax filing deadlines and verification rules, emphasizing substantial justice over technicalities.

Attorney Accountability: Negligence in Handling a Client's Appeal and Ethical Responsibilities

A lawyer's failure to file an appeal brief on time leads to suspension, reinforcing the duty of diligence in legal representation.

Probation vs Appeal: Choosing Your Legal Path in Philippine Criminal Law

Learn how Philippine courts treat probation versus appeal in criminal cases, and why choosing the wrong remedy can forfeit your right to appeal.

Property Disputes: Jurisdiction and Estoppel in Free Patent Repurchase Cases

Learn how the Supreme Court ruled on RTC jurisdiction over free patent repurchase actions and the principle of jurisdiction by estoppel.

Balancing Freedom of Speech and the Sub Judice Rule: Protecting Fair Trial Rights

The Supreme Court clarifies when public comments on pending cases violate the sub judice rule and constitute contempt.