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 124 of 24 articles for city of manila

When Can a Writ of Possession Be Challenged? Supreme Court Clarifies

The Supreme Court nullified a writ of possession in an NGCP expropriation case, ruling that trial courts must first determine the expropriator's authority before issuing the writ.

Expropriation Due Process: What Property Owners Must Prove

A Supreme Court ruling on Olongapo expropriation clarifies the requisites for valid taking, the need for genuine negotiation, and the right to a full hearing on defenses.

Expropriation Voided: Olongapo's Failure to Make a Valid Offer and Grant Due Process

Supreme Court voids Olongapo's expropriation of Jose Co Lee's property for lack of a valid offer and due process, reaffirming safeguards for property owners.

Libel Venue in the Philippines: Where Can a Public Official File a Case?

Learn the rules on libel venue for public officials under the Revised Penal Code, as clarified by the Supreme Court.

Navigating Public Convenience and Local Traffic Regulations: A Landmark Ruling on Jeepney Routes

The Supreme Court clarifies that certificates of public convenience do not override local traffic regulations, affirming local governments' power.

Substantial Compliance on Belated Secretary's Certificate and Its Impact on Unlawful Detainer Cases

SC rules belated submission of Secretary's Certificate is substantial compliance, preventing dismissal of unlawful detainer cases on procedural grounds.

Speed Limits and Local Governance: When Public Safety Measures Fail Legal Scrutiny

The Supreme Court voids a municipal speed limit ordinance for non-compliance with publication and RA 4136, underscoring the rule of law in local governance.

Strict Compliance Required for Expropriation of Private Lands for Socialized Housing

Local governments must strictly follow RA 7279 and the LGC before expropriating private land for socialized housing; failure voids the taking.

City of Manila v. Prieto: Strict Limits on Local Government Expropriation Powers

Supreme Court rules local governments must strictly comply with legal requirements before exercising delegated eminent domain powers.

Real Property Tax: Who Pays When Ownership and Possession Differ

Philippine Supreme Court clarifies real property tax liability when the registered owner is not in possession, citing Herarc Realty v. Provincial Treasurer of Batangas.

Double Taxation and Refund of Erroneously Paid Local Business Taxes in Manila

Supreme Court clarifies when a taxpayer can refund local business taxes after protesting an assessment and paying under protest in Manila.

Venue in Deficiency Claims: A Personal Action After Foreclosure

The Supreme Court clarifies that an action to recover a mortgage deficiency after extrajudicial foreclosure is a personal action, not a real action.

Donor's Tax on Share Sales: Fair Market Value and Donative Intent

Supreme Court rules on donor's tax for share sales below book value, fair market value determination, and CTA jurisdiction.

Tax Refund vs Tax Credit: Execution Requirements in Local Tax Disputes

Philippine Supreme Court clarifies when a writ of execution is needed for tax refunds or tax credits in local tax disputes.

Corporate Authority and Double Taxation: Lessons from Swedish Match Philippines

Supreme Court clarifies rules on corporate authority in tax refund cases and double taxation under local business tax ordinances.

Manila Bay Cleanup Case: Ministerial Duties and the Right to a Balanced Ecology

The Supreme Court ruled government agencies can be compelled by mandamus to clean up Manila Bay under environmental laws.

Notarial Wills and Territorial Limits on Notary Public Authority

A will acknowledged before a notary acting outside his commission is void. Learn the territorial limits rule from Guerrero v. Bihis.

Local Government Authority and Ordinance Enforcement: A Guide for Businesses

Learn how the Supreme Court affirmed a city mayor's duty to enforce local ordinances, and what this means for businesses operating under reclassified zones.

Technical Malversation in the Philippines: When Is Public Fund Misuse Illegal

The Supreme Court clarifies technical malversation under of the Revised Penal Code and when public fund diversion becomes a crime.

Municipality Liability for Excavation Accidents on National Roads

Philippine Supreme Court ruling on municipal liability for injuries from road excavations, even on national roads under municipal control.

Unlawful Detainer: A Tenant's Admissions and the Inevitable Ejectment

In Mendoza v. Court of Appeals, the Supreme Court ruled that a tenant's own admissions in pleadings can seal an ejectment case.

Eminent Domain vs Urban Development: Balancing Public Need and Property Rights in Manila

The Supreme Court clarifies when local governments may expropriate private land for socialized housing under R.A. 7279.

Expropriation and Urban Development: When Can a City Take Private Land for Socialized Housing?

The Supreme Court clarifies the two-stage process of expropriation and when compliance with RA 7279's acquisition priorities must be shown.

Mortgage Law in the Philippines: Why You Can’t Mortgage Property You Don’t Own

Philippine mortgage law requires absolute ownership. Learn why mortgaging property you don't fully own is void, based on Lagrosa v. Court of Appeals.