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 2,493 articles for writ

Surety's Solidary Liability: The True Extent of Guarantees in Philippine Law

Philippine Supreme Court clarifies when a "guarantee" becomes a suretyship, making the surety solidarily liable with the principal debtor.

Sheriff's Authority: Limits and Liabilities in Writ Implementation

A sheriff who deputizes police to enforce a writ outside his jurisdiction commits abuse of authority, as Torres v. Cabesuela shows.

Rescinding a Land Sale in the Philippines: Why a Letter Is Not Enough

Philippine law requires a judicial or notarial act to rescind a sale of immovable property—even with an automatic rescission clause.

Partnership vs Guarantor: Who Bears Liability in a Business Venture?

Philippine Supreme Court clarifies the line between a partner and a guarantor in business, and who bears liability when the venture fails.

Establishing Filiation: The Imperative of Conclusive Evidence in Inheritance Disputes

Philippine Supreme Court ruling on proving filiation in inheritance cases, highlighting the need for conclusive evidence and final judgments.

Breach of Trust: When a Lawyer's Actions Lead to Ethical Misconduct

When a lawyer solicits a client's letter then uses it against them, the Supreme Court says it is misconduct.

Mayoral Prerogative vs Police Professionalism: Understanding the Limits of Local Executive Power in Police App

A look at how the Supreme Court balances a mayor's appointment power with the need for police professionalism and legal limits.

Estate Tax Deficiency: When Surcharges and Interest Apply Under the NIRC

Philippine Supreme Court ruling on estate tax deficiency surcharges, interest, and penalties under the NIRC, explained for lay readers.

SSS Contribution Claims: When Does the Clock Start Ticking on Prescription Periods in Philippine Law

Understand how prescription periods apply to SSS contribution claims in the Philippines, based on recent Supreme Court rulings and statutory deadlines.

Sheriffs Duty and Expense Advancement When a Writs Execution Hinges on Plaintiffs Action

A sheriff cannot personally collect execution expenses from a party-litigant; Rule 141 requires court-approved deposits with the clerk of court.

Unraveling Inheritance Rights Filiation AND THE Validity OF Extrajudicial Settlements

A Supreme Court ruling on filiation, inheritance rights, and the validity of extrajudicial settlements and deeds of sale.

Simple Neglect of Duty: How Philippine Courts Distinguish Administrative Offenses

Philippine Retirement Authority v. Rupa clarifies when a public officer's delay is simple neglect, not conduct prejudicial to the service.

Prescription in Contract Disputes: The 10-Year Rule Under Philippine Law

Learn how the 10-year prescription period for written contracts works in the Philippines, and why delay can bar a valid claim.

Res Judicata and Security of Tenure: When a Land Registration Judgment Cannot Oust a Tenant

A land registration victory does not automatically allow ejectment of an occupant claiming tenant rights. The Supreme Court explains the limits.

Timeliness of Appeals When Weekends Extend Deadlines in Philippine Law

Learn how Philippine courts compute appeal deadlines when weekends intervene, and why timing can decide a case's fate.

PNB v. Ritrato Group: Suing the Wrong Party in Foreclosure Disputes

Learn why the Supreme Court dismissed an injunction suit against PNB, a mere attorney-in-fact, and how corporate veil piercing works.

Revival of Judgment, Indispensable Parties, and Prescription: Key Lessons from Santana-Cruz v. Court of Appeal

Philippine Supreme Court ruling on revival of judgment, prescription periods, and the crucial role of indispensable parties in reconveyance cases.

Customs Duty Refunds: Navigating Administrative Remedies and Prescriptive Periods

Philippine Supreme Court ruling on customs duty refund claims, administrative remedies, and prescriptive periods for taxpayers.

Sheriff’s Neglect of Duty: When Failure to Implement a Writ Means Dismissal

The Supreme Court held a sheriff liable for grave misconduct and gross dishonesty for failing to implement a writ of preliminary attachment and mishandling funds.

Dilatory Appeals: The Supreme Court's Stance on Abandoned Appeals and Execution of Judgments

When an appellant's delay becomes abandonment, a judgment turns final and executory, and execution follows as a matter of right.

Redemption Rights in Foreclosure: Failure to Assert Nullifies Opportunity

Philippine Supreme Court ruling on how failing to assert redemption rights during the statutory period forfeits the mortgagor's opportunity to reclaim foreclosed property.

Expropriation and Urban Development: When Can a City Take Private Land for Socialized Housing?

The Supreme Court clarifies the two-stage process of expropriation and when compliance with RA 7279's acquisition priorities must be shown.

Eminent Domain vs Urban Development: Balancing Public Need and Property Rights in Manila

The Supreme Court clarifies when local governments may expropriate private land for socialized housing under R.A. 7279.

Right of First Refusal Validity and Enforceability in Philippine Contract Law

Philippine Supreme Court clarifies when a right of first refusal is valid and enforceable in property and contract disputes.