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 3,106 articles for force

No-Spouse Policies in the Philippines: What the Star Paper Ruling Means

Philippine employers cannot enforce no-spouse rules without clear business necessity. The Star Paper ruling explains why.

Demolition of Illegal Structures: When a Court Order Is Required in the Philippines

Philippine law generally requires a special court order before a city may demolish existing structures, even those built without permits. Learn the rules.

Safeguarding Assets: Understanding Preliminary Attachment in Philippine Debt Recovery

Learn how Philippine courts handle writs of possession after extrajudicial foreclosure, and why procedural rules like the hierarchy of courts matter.

Mortgage Still Valid Loan Restructuring AND Novation IN THE Philippines Reyes V BPI Family Savings Bank

When does loan restructuring cancel a real estate mortgage? The Supreme Court explains novation rules in Reyes v. BPI Family Savings Bank.

Public Plaza vs. Private Property: Land Ownership Disputes in the Philippines

When can land used as a public plaza be claimed as private property? The Supreme Court clarifies the rules on property of public dominion.

Upholding Judicial Order: Why Judges Must Obey Supreme Court Directives

A Philippine Supreme Court ruling on a judge fined for violating an administrative order—what it means for judicial discipline and court authority.

Prejudicial Question Doctrine: How Civil Court Rulings Can Halt Graft Cases in the Philippines

Explaining the prejudicial question doctrine in Philippine law and how a civil case ruling can suspend or halt criminal graft proceedings.

Simulated Contracts in the Philippines: Intent, Validity, and the Valerio Case

Learn how Philippine courts decide simulated contracts by examining party intent, absolute vs. relative simulation, and the Valerio ruling.

When Duty Turns Deadly: Justifiable Force and Homicide in Philippine Law

A police officer shot a man during a routine check. The Supreme Court explains when self-defense and performance of duty fail.

Navigating DOLE Inspections: Employer Rights and Compliance in the Philippines

The Supreme Court clarifies employer rights and obligations during DOLE labor inspections, emphasizing compliance, due process, and the Regional Director's jurisdiction.

Maintaining Decorum: Why Respectful Language Is Non-Negotiable for Lawyers in the Philippines

The Supreme Court's Molina v. Pacific Plans ruling clarifies how a manager's disrespectful conduct and disloyalty can justify dismissal under Philippine labor law.

Res Judicata in Philippine Land Expropriation When Prior Judgments Bar Reversion Claims

Explaining when prior final judgments bar reversion claims in expropriation cases, citing Republic v. Yu (G.R. No. 157557).

Attempted vs. Consummated Rape in the Philippines: The Penetration Rule in People v. Miranda

Philippine law once required penile penetration for consummated rape. People v. Miranda shows why digital penetration meant attempted rape—and a lesser penalty.

Lawyer's Inaction Causing Case Dismissal Is Professional Misconduct: Agustin v. Empleo

Philippine Supreme Court reprimands a lawyer for four years of inaction on a court order, resulting in case dismissal. Know the duty.

Dismissal vs Proportionality: Employee Rights in Philippine Labor Law

When is dismissal too harsh a penalty for employee misconduct? The Supreme Court explains the rule of proportionality in labor cases.

Mayor's Authority to Sign Contracts: Local Government Powers Under Philippine Law

Learn when a city mayor can validly sign contracts for the local government, based on a Philippine Supreme Court ruling on market stall leases.

Demurrage in Philippine Shipping: Consignee Duties and Avoiding Penalties

Philippine law holds consignees liable for demurrage when cargo is not claimed promptly. Learn the rules and practical steps to avoid penalties.

Stock Trading Risks: Broker and Investor Duties in the Philippines

A Supreme Court ruling clarifies when brokers and investors are liable for unpaid stock trades and how the pari delicto rule applies.

Forcible Entry in the Philippines: Why Prior Physical Possession Evidence Wins Cases

Learn how Philippine courts decide forcible entry cases, why prior physical possession evidence matters, and key lessons from Buduhan v. Pakurao.

Verification and Certification of Non-Forum Shopping: Why Your Personal Signature Matters

A party must personally sign the verification and certification against forum shopping; a lawyer's signature, even with an SPA, may be fatal.

Torrens Title Indefeasibility: Why Land Registration Must Be Timely and Accurate in the Philippines

Philippine Supreme Court explains why a Torrens title cannot be collaterally attacked and why land registration must be timely and accurate.

Compromise Agreements: Who Is Actually Bound by a Settlement?

A compromise agreement binds only its signatories. Learn how the Supreme Court protected a co-maker not named in the settlement.

Perfecting a Contract to Sell: Why Payment Terms Matter in Philippine Real Estate Law

Philippine Supreme Court ruling explains why agreeing on price alone does not perfect a contract to sell real property—payment terms are essential.

Homicide or Reckless Imprudence: Intent Matters in Philippine Criminal Law

The Supreme Court explains when a fatal act is homicide versus reckless imprudence, focusing on criminal intent.