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 20172040 of 2,176 articles for appeal

Premature Writ of Demolition: Due Process and the Sheriff's Duty in Philippine Execution

When can a sheriff implement a writ of demolition, and what happens when a motion for reconsideration is pending? The Supreme Court's ruling in A.M. No. P-98-1268 offers guidance.

Employee Status in Outsourcing: Key Lessons from the Supreme Court on Separation Pay

Learn when a resigning employee may claim separation pay under Philippine law, based on a landmark Supreme Court ruling on company practice.

Unwritten Company Policy and Illegal Dismissal: The Bangloy Case

Can an employee be fired under an unwritten policy? The Bangloy case shows why written, communicated rules are vital in Philippine labor law.

Solidary Liability in Overseas Employment: How Surety Bonds Protect Filipino Workers

Learn how surety bonds make recruitment agencies and their sureties solidarily liable for overseas workers' monetary claims.

Retrenchment in the Philippines: Avoiding Illegal Dismissal Claims

The Supreme Court explains the substantive and procedural requirements for valid retrenchment in the Philippines, and why weak evidence leads to illegal dismissal.

Publication Is Key: Ensuring Government Transparency and Rule of Law in the Philippines

Philippine Supreme Court ruling on why administrative circulars must be published to be effective, ensuring transparency and rule of law.

Security of Tenure for Tenant Farmers: Upholding Leasehold Rights in the Philippines

The Supreme Court reaffirmed tenant farmers' security of tenure, ruling that land sale does not extinguish agricultural leasehold rights.

When Acts of God Disrupt Travel: Airline Liability for Flight Delays in the Philippines

Philippine Supreme Court ruling on airline liability for passenger expenses during flight delays caused by force majeure, like the Mt. Pinatubo eruption.

Philippine Legal Interest on Loans: When Does 12% Apply? Villanueva v. CA Explained

Learn when 12% legal interest applies to unpaid loans in the Philippines, based on the Supreme Court's ruling in Villanueva v. Court of Appeals.

Right of Way Easements in the Philippines: The Least Prejudice Rule and Due Process

Philippine courts require hearing all affected landowners in right of way disputes. Learn the least prejudice rule from Almendras v. Court of Appeals.

Final Judgment Is Final: Understanding Annulment of Judgment in the Philippines

When can a final criminal judgment be annulled? The Supreme Court explains the limits of annulment of judgment and due process.

Buyer’s Right to Specific Performance When a Seller Backs Out of a Contract to Sell

Philippine Supreme Court ruling clarifies that sellers cannot unilaterally rescind a Contract to Sell, and buyers may sue for specific performance.

Presumption of Illegal Fishing: What Fishermen Need to Know About Dynamite Fishing Laws in the Philippines

Learn how Philippine courts apply the presumption of illegal fishing in dynamite fishing cases, what evidence convicts, and the penalties under P.D. 704.

Perfecting CAR Sales Contracts IN THE Philippines Understanding Buyer Rights AND Seller Obligations

Learn when a car sale contract is perfected in the Philippines, buyer rights, and seller obligations from the Xentrex Automotive case.

Home Lot Rights in Philippine Tenancy: Only the Tenant is Entitled

The Supreme Court clarifies that only the tenant, not family members, may claim a home lot under RA 1199, Section 22(3).

Alibi vs Victim Testimony in Philippine Rape Cases: Supreme Court on Burden of Proof

The Supreme Court explains why alibi fails against positive victim testimony in rape cases, citing People v. Sumampong.

Lumber vs. Timber: What Illegal Logging Laws Mean for Your Business

The Supreme Court ruled that lumber is timber under Philippine forestry law. Know what documents you need to avoid illegal possession charges.

Failure to File Corporate By-Laws: Not Automatic Dissolution in the Philippines

Philippine Supreme Court ruling clarifies that failing to file corporate by-laws on time does not automatically dissolve a corporation.

Surety vs. Guaranty in Philippine Law: Key Differences and Liability

Learn the difference between surety and guaranty under Philippine law, and why contract wording—not titles—determines your liability.

Minor Inconsistencies and Witness Credibility in Philippine Rape Cases

How Philippine courts treat minor inconsistencies in rape victim testimony, and why small discrepancies can strengthen rather than destroy credibility.

Are Commissions Part of Minimum Wage in the Philippines? Employee Compensation Rights Explained

Philippine Supreme Court clarifies whether sales commissions count toward minimum wage compliance under the Labor Code, and explains due process rules for dismissal.

Unreliable Affidavit? Why Courtroom Testimony Reigns Supreme in Philippine Criminal Cases

In People v. De Guzman, the Supreme Court ruled that courtroom testimony prevails over affidavits and police reports, explaining why.

Proving Marriage and Filiation in the Philippines When Documents Are Missing

How Philippine courts allow proof of marriage and filiation through witnesses, baptismal certificates, and other evidence when official records are lost.

Fair Trial or Biased Judge: When a Trial Judge's Questions Are Proper in Philippine Courts

The Supreme Court clarifies when a judge's clarificatory questions during trial are proper and do not prove judicial bias.