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 117 of 17 articles for appellant's brief

When an Appeal Is Dismissed for Late Brief: The Licup Ruling on Substantial Justice

The Supreme Court nullified the CA's dismissal of an appeal due to a late brief, citing substantial justice and liberty interests.

Balancing Justice and Procedure When Counsel's Negligence Impacts an Appeal

The Supreme Court rules that a counsel's failure to file a brief on time should not cost an accused his appeal, especially when liberty is at stake.

Just Compensation in Expropriation: Lessons from the NGCP v. Gaite Ruling

The Supreme Court clarifies how courts determine just compensation in eminent domain cases, emphasizing verifiable data over speculative land reclassifications.

Balancing Procedural Rules and Substantive Justice in Criminal Appeals

The Supreme Court recalls an entry of judgment and reinstates a drug conviction appeal, showing when procedural lapses yield to substantive justice.

Attorney Suspended for Neglecting Duty of Diligence and Failing to File Appellant's Brief

A lawyer's failure to file an appellant's brief and update his address led to dismissal of his client's appeal and a six-month suspension.

Land Registration Requires Impeccable Proof of Alienability

The Supreme Court nullified a land registration judgment where applicants failed to present documentary proof that the property was alienable and disposable public land.

Attorney Accountability: Negligence in Handling a Client's Appeal and Ethical Responsibilities

A lawyer's failure to file an appeal brief on time leads to suspension, reinforcing the duty of diligence in legal representation.

Option Contract vs. Right of First Refusal: Key Differences Under Philippine Law

Learn the difference between an option contract and a right of first refusal in Philippine real estate, based on the Supreme Court's ruling in Tuazon v. Del Rosario-Suarez.

When Late Appeal Briefs Get Dismissed: Lessons from a Property Dispute

The Supreme Court explains when late filing of an appeal brief justifies dismissal, using a property dispute as a cautionary example.

Self-Defense and Unlawful Aggression: Burden of Proof in Philippine Homicide Cases

Philippine Supreme Court ruling on self-defense, unlawful aggression, and the accused's burden of proof in homicide cases.

Automatic Review of Death Penalty Cases Cannot Be Waived: People v. Flores

The Supreme Court rules that appellate courts cannot dismiss death penalty appeals for failure to file briefs, as review is mandatory.

Lawyers Must Uphold Diligence and Fidelity in Legal Representation

A lawyer who fails to file an appellate brief faces suspension. The Supreme Court affirms that neglect of a client's case violates the Code of Professional Responsibility.

Dismissal for Failure to File Brief: Procedural Rules Bind Litigants in Philippine Courts

Philippine Supreme Court upholds dismissal of appeal for failure to file brief on time, affirming that negligence of counsel binds the client.

Lawyer Suspended for Neglecting Appeal: Duty to Client and Court

Supreme Court suspends lawyer for six months for failing to file appellant's brief, causing client's appeal to stall for over a year.

Lawyer Suspended for Negligence: The Duty to File Briefs and Protect Clients' Rights

Supreme Court suspends lawyer for failing to file appellant's brief, causing delay in client's criminal appeal and violating professional responsibility rules.

Habeas Corpus and Drug Offenses: Ensuring Fair Application of Penalties

A look at how the Supreme Court used habeas corpus to correct an excessive penalty for a minor drug offense.

Robbery With Homicide: Understanding the Composite Crime in Philippine Law

The Supreme Court clarifies that robbery with homicide is a single composite crime, regardless of how many people are killed.