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 19932016 of 3,332 articles for rent

Doubt and Acquittal: Assessing Witness Credibility in Attempted Murder Cases

The Supreme Court acquits Gerardo Biong of attempted murder, stressing that credible testimony, not just a credible witness, is required for conviction.

Res Judicata: How a Final Judgment Prevents Relitigation of the Same Issue

Learn how res judicata bars relitigation of settled issues, using a Philippine Supreme Court case on a disputed deed of donation.

Restarting the Clock: Minimum Corporate Income Tax and the Revival of Thrift Banks

When a closed bank reopens as a thrift bank, when does its MCIT grace period begin? The Supreme Court settles the rule.

Limits on Self-Representation When a Lawyer Is Required in Court

Philippine Supreme Court clarifies when a party may appear without counsel and why mixing self-representation with a lawyer's appearance is not allowed.

Upholding Decorum: Judicial Employees' Duty to Maintain Respect and Civility in the Workplace

Court employees must maintain civility and respect at all times. Gross discourtesy warrants suspension under Civil Service rules.

Unconscionable Greed: Attorney's Fees Must Be Reasonable and Just

Philippine Supreme Court nullifies P50M attorney's fee claim, ruling lawyers' compensation must be reasonable, not driven by greed.

Premature Partition: Estate Settlement Before Property Distribution

When heirs can and cannot demand partition of a decedent's property before estate settlement proceedings are completed.

When Can Cases Be Reassigned? Understanding Judicial Inhibition and Venue Transfer

The Supreme Court clarifies when cases may be transferred to another judge after inhibition, and why venue transfer is not automatic.

Tax Refund vs Deficiency: The Rules on Set-Off in Philippine Tax Law

Philippine Supreme Court clarifies when tax refunds can be set off against tax deficiencies, and the limits of compromise agreements in tax settlements.

Judicial Reconstitution of Lost Titles and the Limits of the Bercede Guidelines

The Supreme Court clarifies when courts may rely on "other documents" to reconstitute lost titles, and how the Bercede guidelines apply.

Right of First Refusal in Property Sales: Understanding Legal Obligations

Learn how Philippine courts treat right of first refusal in property sales, including the rules on offers, counter-offers, and legal redemption.

Quorum in Nonstock Corporations: Counting Only Living Voting Members

Supreme Court ruling on quorum in nonstock corporations—dead members excluded, only living voting members count.

Faulty Substituted Service of Summons: When Courts Fail to Acquire Jurisdiction

Philippine Supreme Court clarifies when substituted service of summons is invalid, and why courts fail to acquire jurisdiction over defendants.

When Self-Defense Fails: Justifying Force in Lawful Duty Requires Reasonable Response

The Supreme Court clarifies when self-defense and performance of official duty justify killing, and why both failed for PNR security officers.

Corporate Asset Purchases and Prior Presidential Approval: DBP v. COA

Explaining the Supreme Court ruling in DBP v. COA on prior presidential approval for government corporate vehicle purchases and disallowance.

Presidential Approval Required for Government Vehicle Purchases: DBP v. COA

Supreme Court affirms COA disallowance of DBP's vehicle purchases for lack of presidential approval under LOI 667 and Letter of Implementation No. 29.

Real Property Tax Sales: Ensuring Proper Notice to Delinquent Owners

The Supreme Court clarifies the notice requirements for tax delinquency sales under P.D. 464, emphasizing strict compliance with statutory notice rules.

Default Judgment Consequences of Missing Pretrial in Philippine Courts

Learn how skipping pretrial can lead to default judgment in Philippine courts, and what the Ramientas v. Reyala case says about procedural rules.

VAT on Sale of Assets: When Is It "In the Course of Trade or Business"?

Philippine Supreme Court clarifies when a sale of company assets is subject to VAT, requiring that the sale occur in the course of trade or business.

Mayor's Personal Deposit of Municipal Checks: Official Misconduct and Probable Cause

Supreme Court ruling on when a mayor's deposit of municipal checks into a personal account constitutes probable cause for graft under RA 3019.

Attorney Suspended for Failing to Account for Client Funds Withdrawn from Court

Lawyer suspended two years for withdrawing P255,000 in client rentals without accounting, violating the Code of Professional Responsibility.

Morality vs Misconduct: Defining the Boundaries of Public Service Decorum

The Supreme Court clarifies when private immorality becomes administrative misconduct, and why certiorari cannot replace a lost appeal.

Change of Name Petitions: Substantial Compliance with Jurisdictional Requirements

Supreme Court rules on change of name petitions, publication requirements, and jurisdictional compliance under Rule 103.

Lessor Liability for Lease Violations: Trespass in Fact vs Trespass in Law

Philippine Supreme Court ruling on when a lessor is liable for third-party disturbances of a lessee's possession, distinguishing trespass in fact from trespass in law.