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 193216 of 459 articles for remedies

Cashier's Checks and Contractual Disputes: Bank Obligations and Purchaser Rights in Philippine Law

When can a purchaser stop payment on a manager's or cashier's check? The Supreme Court explains in Chiok v. Metrobank.

Annulment of Judgment vs. Affidavit of Reappearance: Fraudulent Presumptive Death Declarations

When a presumptive death declaration is obtained by fraud, the Supreme Court clarifies why annulment of judgment—not an affidavit of reappearance—is the proper remedy.

Preserving Ballot Integrity Ensuring Accurate Reflection OF Voters Intent IN Philippine Elections

Ballot integrity in Philippine elections depends on accurate voter intent. Learn how courts protect the sanctity of the vote.

Sovereign Immunity and Environmental Responsibility: Jurisdiction in the Tubbataha Reef Case

The Supreme Court clarifies sovereign immunity limits and environmental accountability in the USS Guardian grounding at Tubbataha Reefs.

Balancing Housing Rights and Public Interest in Philippine Eviction Law

Supreme Court clarifies when evictions without court orders are allowed under RA 7279, and why procedural rules matter in constitutional challenges.

Lost Notice Lasting Consequences Attorneys Neglect AND THE Unauthorized Practice OF LAW

A lawyer's "I didn't receive the notice" excuse fails when neglect costs a client due process. Learn the ethical duties at stake.

Unbearable Conditions Defining Constructive Dismissal in the Workplace

When employer hostility becomes unbearable, an employee may be constructively dismissed. The Supreme Court explains the test and remedies.

Backwages and Reinstatement Rights for Illegally Dismissed Employees in the Philippines

Learn the reinstatement and backwages rights of illegally dismissed employees in the Philippines, including the Wenphil Corporation ruling.

Lawyer Suspended for Negligence and Conflict of Interest in Client Matter

A lawyer who neglected a client's case for five years and appeared against the client without consent was suspended for six months.

Surety Bonds Survive Debt Extension: Key Supreme Court Ruling on Article 2079

Extension of a principal's debt without a surety's consent does not automatically extinguish surety bonds, per the Supreme Court.

Extrinsic Fraud and Annulment of Judgment: What Litigants Must Know

The Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud, and explains the strict requirements for annulling a final judgment under Rule 47.

Prescription and Laches in Deed of Sale Cases: Lessons from Sanchez v. Sanchez

When can a deed of sale be challenged in court? The Supreme Court clarifies the rules on prescription and laches in Sanchez v. Sanchez.

Extrinsic Fraud and Road Lots: When Final Judgments in Property Disputes Stand

The Supreme Court clarifies when extrinsic fraud justifies annulling a final judgment in property disputes, using a road lots redemption case.

Incidental Fraud Damages FOR Exclusion From Corporate Management

Explaining the Supreme Court's ruling in Tankeh v. DBP on incidental fraud, damages, and exclusion from corporate management.

Equitable Mortgage Ruling Reasserts Mortgagor Rights in Property Disputes

Supreme Court clarifies that in equitable mortgages, reconveyance to the mortgagor is the principal remedy—not payment of fair market value.

Receivership: A Harsh Remedy That Requires Imminent Danger of Loss

The Supreme Court clarifies that receivership is an extreme remedy, requiring proof of imminent danger of loss, not mere financial need.

Independent Civil Actions and Criminal Liability: Prejudicial Questions in Estafa Cases

When does a civil case suspend a criminal prosecution? The Supreme Court clarifies the prejudicial question rule in estafa cases.

Heirship Disputes Must Be Resolved in Special Proceedings, Not Ordinary Civil Actions

Philippine Supreme Court clarifies that determining legal heirs requires a special proceeding, not an ordinary action for reconveyance.

Mistake vs Misconduct in Employee Dismissal: Due Process in Philippine Labor Law

When is an employee's honest mistake a valid ground for dismissal? The Supreme Court clarifies the line between error and misconduct.

Separation Pay After Valid Dismissal: When Social Justice Does Not Apply

The Supreme Court clarifies when a validly dismissed employee may still receive separation pay, and when social justice arguments fail.

Trust Receipt vs. Loan: When a Security Agreement Becomes a Debt

Philippine Supreme Court ruling clarifies when a trust receipt arrangement is actually a loan, affecting liability and criminal exposure.

Perpetual Disqualification: How a Criminal Conviction Affects Candidacy in the Philippines

A criminal conviction can permanently bar a person from running for public office in the Philippines. Learn the rules on disqualification, substitution, and what voters should know.

Loan Restructuring vs Foreclosure: Borrower Rights in the Philippines

When does a pending loan restructuring stop a bank from foreclosing? The Supreme Court explains borrower rights and limits.

Annulment of Judgment: Who Can Sue and When It Is Allowed Under Philippine Law

Learn who may file annulment of judgment under Rule 47, the limited grounds, and why non-parties have other remedies.