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 203 articles for pleadings

Lawyer Suspended for Neglecting Appeal: Duty to Client and Court

Supreme Court suspends lawyer for six months for failing to file appellant's brief, causing client's appeal to stall for over a year.

When Can a Lawyer Be Disciplined? IBP Jurisdiction Over Attorney Misconduct and Private Debts

A lawyer who ignores IBP orders can face sanctions even when the underlying complaint involves a private debt. Learn the rules.

Right to Speedy Disposition of Cases: When Delay Justifies Dismissal in Philippine Law

Philippine Supreme Court explains when delay in preliminary investigation violates the constitutional right to speedy disposition of cases.

When a Sheriff Witnesses a Settlement: A Lesson in Judicial Conduct

A sheriff who witnessed a settlement and served pleadings faced suspension. Learn the ethical rules for court personnel.

Deadlines Matter: Understanding the 30-Day Rule for Court Decisions in Philippine Summary Procedure

A judge's 30-day deadline under the Revised Rules on Summary Procedure is mandatory—delays draw fines, as this administrative case shows.

Parol Evidence Rule: When Prior Agreements Can Modify a Contract

Philippine Supreme Court explains when prior negotiations can alter a written contract under the parol evidence rule.

Amended Complaints and Court Jurisdiction: The Que v. Court of Appeals Rule

Amending a complaint to add parties or claims does not automatically strip a Philippine court of jurisdiction if the original cause of action remains intact.

Pre-Trial Orders Control Your Case: The Tiu v. Middleton Rule on Witness Exclusion

Pre-trial orders bind trial proceedings. Learn from Tiu v. Middleton why unnamed witnesses may still testify and how to protect your case.

Lis Pendens Cancellation in the Philippines: What Property Owners Should Know

Learn when a Notice of Lis Pendens can be cancelled in the Philippines, the grounds under PD 1529, and key lessons from Yared v. Ilarde.

Failure of Election Petitions in the Philippines: What the Law Requires

Failure of election is a narrow remedy under Philippine law. Learn the grounds, the limits, and how Banaga v. COMELEC clarifies the rules.

Attorneys Fees and Simulated Sales: Protecting Lawyers' Rights in the Philippines

A lawyer's right to collect contingent fees can extend to challenging simulated sales that defeat payment, as the Supreme Court ruled in Alberto v. Court of Appeals.

Voluntary Submission Cures Procedural Defects in Administrative Cases

Learn how voluntary participation in administrative proceedings can cure procedural defects, as ruled in NAPOLCOM v. Bernabe.

Attorney Negligence: Upholding a Lawyer's Duty of Diligence and Competence

A lawyer's failure to file briefs caused a client's case to be lost. The Supreme Court suspended him for one year.

Speedy Disposition of Cases: Balancing Delay and Due Process in Anti-Graft Proceedings

Explaining the Castillo v. Sandiganbayan ruling on what counts as unreasonable delay in anti-graft cases and the right to speedy disposition.

Summary Procedure and Motions for Reconsideration: Scope of Prohibited Pleadings Clarified

A judge may validly act on a motion for reconsideration of a dismissal order in summary procedure cases, as clarified by the Supreme Court.

Motion for Reconsideration Under Summary Procedure: The Lucas Doctrine

When can a litigant file a motion for reconsideration under summary procedure? The Supreme Court clarifies the exception for dismissal orders.

Tourist Duty Free Shops v. Sandiganbayan: Limits of PCGG Sequestration and Litis Pendentia

The Supreme Court clarifies when litis pendentia applies and the limits of PCGG sequestration powers over corporations.

Ejectment vs. Ownership: Why Forcible Entry Cases Can Proceed Despite Ownership Disputes

Philippine Supreme Court clarifies that forcible entry cases proceed independently of ownership disputes; RTC erred in dismissing ejectment appeal.

Filing Fees in Philippine Election Protests: Jurisdictional Rules and Timelines

Philippine election protest filing fees are jurisdictional. Late payment does not cure defects. Learn the rules and deadlines.

Reconstitution of Burned Court Records: When Late Filing Is Not Fatal

Supreme Court clarifies that failure to file for reconstitution of burned court records within six months does not automatically bar the remedy.

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.

Attorney Negligence in the Philippines: A Lawyer's Duty of Diligence and the Consequences of Abandoning a Clie

When can a lawyer abandon a client? The Supreme Court explains the duty of diligence and the penalty for neglect in Aromin v. Boncavil.

Strict Deadlines in Ejectment Cases: Why Missing the Answer Deadline Can Cost You Your Property in the Philipp

Learn how missing answer deadlines in ejectment cases can cost you your property, and understand the due process protections that may still apply.

When Can an Appellate Court Remand an Ejectment Case? Key Rules

Explains when RTCs may remand ejectment appeals for further evidence, and when remand is improper under Section 21(d).