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.
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Contract Rescission in the Philippines: When Forfeiture Clauses and Mutual Restitution Apply
Philippine Supreme Court clarifies when forfeiture clauses survive contract rescission and when mutual restitution applies under Article 1191.
Contractual Breach Understanding Rescission Rights IN Mining Agreements
Philippine Supreme Court clarifies when a mining operating agreement may be validly rescinded for breach under Article 1191 of the Civil Code.
Lease Assignment Without Lessor Consent: Supreme Court Upholds Rescission
Philippine Supreme Court rules on lease assignment without lessor consent, applying Article 1649 and Article 1191 of the Civil Code.
Breach of Contract Rescission and the Importance of Proving Payment
A buyer who claims full payment must prove it with credible evidence; the Supreme Court explains rescission under Article 1191.
Conditional Contracts to Sell: When Buyers' Payment Hinges on Sellers' Prior Mortgage Release
Philippine Supreme Court clarifies that in a contract to sell, buyers need not pay until sellers secure mortgage release, and rescission under Article 1191 does not apply.
Rescission of Contract: Balancing Forfeiture Clauses With the Duty to Reimburse
Philippine Supreme Court ruling on how rescission under Article 1191 requires mutual restitution, even when forfeiture clauses exist.