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 2,007 articles for writ

Attorney Conflicts of Interest: When Dual Representation Violates Client Loyalty

Philippine Supreme Court clarifies when a lawyer's dual representation becomes a prohibited conflict of interest under Rule 15.03 of the CPR.

When a Lawyer's Dual Clients Create a Conflict of Interest: Lessons from Marcelo-Salud v. Bolivar

A lawyer who represents tenants while also serving as counsel to the alleged property owner may face discipline for conflicting interests, even if the main complaint fails.

Bidding Rights Prospective vs Actual Bidders and Preliminary Injunctions

Supreme Court clarifies that prospective bidders lack clear legal rights for preliminary injunctions in government procurement disputes.

Prohibition Denied When Government Contracts Become Fait Accompli

Supreme Court rules prohibition cannot stop an already completed government contract, and clarifies legal standing rules for citizen suits.

Standby Letters of Credit vs Counter-Bonds: Safeguarding Preliminary Attachments in Philippine Litigation

A standby letter of credit cannot substitute a counter-bond to discharge a preliminary attachment under Rule 57, per the Supreme Court.

Logbook Entries Alone Insufficient to Prove Illegal Dismissal of Seafarer

Supreme Court rules a vessel logbook entry alone cannot prove a seafarer's incompetence; employers must show substantial evidence for valid dismissal.

Judicial Integrity Under Scrutiny: Disciplining Misconduct and Upholding Ethical Standards in the Judiciary

Court personnel face dismissal for gross misconduct, insubordination, and conduct tainting the judiciary's reputation under amended Rule 140.

Agricultural Tenancy Bars Foreclosure Writ of Possession: Land Bank v. Basilan

The Supreme Court rules that agricultural tenancy is a valid third-party claim that suspends a writ of possession over foreclosed land.

When Court Errors Are Not Misconduct: Ombudsman Decisions and Judicial Review

Understand when judges can be disciplined for erroneous rulings and when errors must be raised through judicial remedies instead.

Conditional Donations: Substantial Compliance and Donor Intent in Land Donations

Supreme Court clarifies that substantial compliance with a donation's primary purpose, not perfect performance, governs conditional land donations.

Illegal Dismissal of Pregnant Employee: SPID Corp. v. Ballesteros Explained

The Supreme Court affirmed that dismissing a pregnant employee without substantial evidence is illegal, reinforcing due process in Philippine labor law.

Tax Liens vs Judgment Credits: Priority Disputes in Philippine Law

Supreme Court ruling on when a tax lien beats a judgment creditor's levy on real property under the National Internal Revenue Code.

Undue Influence and the Anti-Graft Act: Protecting Public Officers From Unsubstantiated Charges

The Supreme Court clarifies that violating procurement rules alone does not prove graft under Section 3(e) of RA 3019.

Challenging Labor Only Contracting: Regular Employment Rights Affirmed

Supreme Court affirms that DOLE registration alone does not prove legitimate job contracting; workers performing principal business tasks are regular employees.

Lifting of Mining Closure Orders Revives Writ of Kalikasan Petitions

Supreme Court rules that lifting DENR closure orders revives environmental claims, keeping Writ of Kalikasan petitions alive.

Reasonable Doubt Prevails When A Threat Doesnt Meet THE Legal Threshold

The Supreme Court acquits an OMB chairman of graft when conspiracy rests on hearsay, while affirming a subordinate's conviction.

Upholding Property Rights: The Binding Effect of Contracts on Subsequent Owners in Philippine Law

A Supreme Court ruling explains when contracts bind third-party buyers and why timely execution of judgments matters in property disputes.

Compromise Agreements and Third Party Rights: Protecting Property Interests in Philippine Law

Philippine Supreme Court ruling on compromise agreements, third party rights, property interests, and execution of judgments explained in plain language.

Just Compensation in Expropriation: Valuation Must Be as of Filing Date, Not Later Market Data

Supreme Court clarifies just compensation is valued as of complaint filing date, not later market prices, in DPWH expropriation case.

Upholding Ethical Conduct: Disciplining Lawyers for Misrepresentation and Unauthorized Practice

The Supreme Court suspended a lawyer for deceiving courts over inherited property and reprimanded another for unauthorized practice, reaffirming ethical duties.

Philippine Airlines v. Yañez: When Workplace Conduct Warrants Disciplinary Action

The Supreme Court clarifies when employers may discipline employees for creating a hostile work environment, even absent explicit sexual demands.

Fraudulent Land Patents Void Derivative Titles Even for Good-Faith Buyers

Supreme Court ruling: titles derived from fraudulently obtained land patents are void, even if current owners bought in good faith.

Tax Assessment Validity: Waivers and Due Dates Under Scrutiny

The Supreme Court nullified BIR deficiency assessments for First Gas Power due to defective waivers and missing due dates, clarifying prescriptive period rules.

Prescription in Tax Assessments: Waivers Must Be Strictly Compliant for Validity

Waivers of the tax prescription period are strictly construed. Missing the BIR's date of acceptance voids them, and assessments without due dates fail.