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 23052328 of 3,258 articles

Unmasking Equitable Mortgages in the Philippines: A Guide for Property Buyers and Sellers

When is a deed of sale actually a loan? Learn how Philippine courts unmask equitable mortgages and protect property buyers and sellers.

When Does Prescription of Penalties Begin? The Doctrine of Evasion of Sentence

Philippine Supreme Court clarifies that prescription of penalties under Article 93 RPC only runs when a convict escapes while serving imprisonment.

Service by Publication in the Philippines: Strict Rules for Valid Summons

Learn the strict requirements for valid service of summons by publication in the Philippines, and why procedural lapses can void court judgments.

B.P. 22 Liability: Severing Accommodation Deals Does Not Erase Knowledge of Insufficient Funds

Signing blank checks for an accommodation arrangement can create B.P. 22 liability even after severing ties. Learn the rules from Benjamin Lee v. CA.

Extortion in the Judiciary: Dismissal for Grave Misconduct and Betrayal of Public Trust

Court personnel who collect money from litigants face dismissal for grave misconduct, even if they claim it was for safekeeping.

Substantial Compliance with Procedural Rules: Certified Xerox Copies in Philippine Law

Supreme Court ruling on certified xerox copies as substantial compliance with Rule 65 requirements for petitions for certiorari.

Reasonable Doubt Prevails: Acquittal in Attempted Murder Based on Insufficient Circumstantial Evidence

The Supreme Court acquits a school principal of attempted murder, ruling that hearsay and unverified confessions cannot support a conviction based on circumstantial evidence.

Perfecting Appeals: The Crucial Difference Between Single and Multiple Judgments in Philippine Law

Learn when a record on appeal is required in Philippine civil procedure, and why missing this step can cost you your appeal.

Piercing the Corporate Veil: When Corporate Officers Face Personal Liability in Estafa Cases

When can a corporate officer be personally liable for estafa? The Supreme Court clarifies the limits of corporate personality and criminal liability.

Partial Payment and Fulfillment of Obligations: Creditor Rights Under B.P. 22

When does partial payment satisfy a debt? The Supreme Court clarifies creditor rights and the Bouncing Checks Law in Alonto v. People.

Reconstituting Lost Land Titles: Supreme Court Clarifies Standards for Judicial Reconstitution

Supreme Court clarifies the rules and evidence needed to reconstitute a lost or destroyed land title under Republic Act No. 26.

Who Pays Capital Gains Tax and Sale Registration Costs in Philippine Property Deals

Philippine Supreme Court clarifies who bears capital gains tax and registration expenses in property sales, distinguishing obligations of individual and corporate sellers.

LGU Right to Immediate Possession in Expropriation: City of Iloilo v. Legaspi

When can an LGU take immediate possession of private property in expropriation? The Supreme Court explains the 15% deposit rule.

Overlapping Land Titles: Registration Date and Reconstitution Validity in Philippine Property Law

Philippine Supreme Court clarifies how courts resolve conflicting land titles, weighing registration dates, reconstitution validity, and evidence of ownership.

Self-Defense in Homicide Cases: Proving Justification in the Philippines

When claiming self-defense in Philippine homicide cases, the accused bears the burden of proving all elements by clear and convincing evidence. Learn the rules.

Moral Turpitude and Lawyer Disbarment: Issuing a Bouncing Check

A lawyer's conviction for issuing a bouncing check under BP 22 involves moral turpitude and warrants disbarment, the Supreme Court ruled.

Public Land Cannot Be Burdened: Property Rights and Public Use in the Philippines

Philippine Supreme Court ruling on public dominion property, right of way easements, and possession claims over government land.

Clerks of Court as Notaries: Limits on Ex Officio Notarial Powers

Clerks of court are ex officio notaries, but their notarial powers extend only to official duties—not private documents.

Breach of Warranty: Proving Hidden Defects in Animal Feed Cases

Philippine Supreme Court ruling on what buyers must prove to claim breach of warranty for hidden defects in animal feed.

Upholding Ethical Standards: Adultery as Grounds for Attorney Disbarment in the Philippines

The Supreme Court suspended a lawyer for cohabiting with a woman not his wife, reaffirming that good moral character is a continuing requirement for membership in the Philippine Bar.

Good Faith Prevails When Government Entities Cant Recover Improperly Paid Benefits

Explore when good faith protects government employees from repaying benefits erroneously paid, based on Philippine Supreme Court rulings.

Notarizing Documents: The Attorney's Duty to Verify Identity and Authenticity

A lawyer who notarized complaints for dead persons was suspended. Learn the notary's duty to verify identity and ensure authenticity.

Option to Purchase vs Contract to Sell: Understanding Property Rights and Obligations

The Supreme Court clarifies the distinction between an option to purchase and a contract to sell, and the consequences of failing to comply with their terms.

Habitual Neglect of Duty Is Just Cause for Termination Despite Mitigating Factors

Philippine Supreme Court ruling on when habitual neglect of duty justifies dismissal, and when mitigating factors cannot save an employee.