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 104 articles for consideration

Starting a Business in the Philippines with a Foreign Partner: Legal Structures and Ownership Rules

A practical guide to foreign ownership rules, business structures, and registration steps for Filipino-foreign ventures in the Philippines.

Finality of Judgments: COA Cannot Reverse Absolved Parties' Liability

The Supreme Court rules that the COA cannot reverse a final decision absolving employee-recipients from refunding disallowed benefits, reinforcing finality principles.

Defective Tax Waivers: Supreme Court Voids BIR Assessment Against Telstar

Supreme Court voids BIR deficiency assessment against Telstar due to defective waivers and lack of demand for payment, reinforcing strict rules on prescriptive periods.

Reinstatement Wages After Illegal Dismissal: The 'Final Reversal' Rule Explained

When must employers pay reinstatement wages after an illegal dismissal ruling? The Supreme Court clarifies the "final reversal" rule in Del Monte Land Transport.

When Can COA Demand a Refund of Disallowed Government Employee Benefits?

Learn when the COA can demand refunds of disallowed government benefits and when employees may be excused from returning them.

Foreclosure Suit as Sufficient Demand: Goldland Tower Ruling Explained

The Supreme Court clarifies when filing a foreclosure lawsuit itself serves as the legal demand required to put a debtor in default under Philippine law.

Guardianship in the Philippines: When the Proposed Guardian Lives Abroad

The Supreme Court clarifies that a guardian residing abroad can be appointed if the child's best interests and genuine commitment are shown.

Rape vs. Sexual Abuse: When Force and Lack of Consent Elevates a Crime

A recent Supreme Court ruling clarifies when sexual acts with a minor constitute rape under the Revised Penal Code rather than sexual abuse under R.A. 7610.

Functional Immunity for International Organizations in the Philippines: The Westfall v. Locsin Guide

Learn how the Supreme Court's Westfall v. Locsin ruling defines functional immunity for international organization personnel in the Philippines.

Right to Speedy Disposition of Cases: Nullifying COA Decisions for Undue Delay

The Supreme Court nullified COA decisions after an 11-year delay, reaffirming the constitutional right to speedy disposition of cases.

Deficiency Claims After Mortgage Foreclosure: The Prieto v. BPI Ruling

Learn how the Supreme Court's Prieto v. BPI ruling protects borrowers from unproven deficiency claims after mortgage foreclosure in the Philippines.

Extrajudicial Foreclosure in the Philippines: Why a Special Power of Attorney Is Required

The Supreme Court ruled that a general foreclosure clause is not enough—mortgagees need express authority to sell property extrajudicially.

Possession of Fake Currency in the Philippines: Knowledge and Intent Under Article 168

Philippine law punishes possession of counterfeit currency only when knowledge and intent to use are proven. The Supreme Court clarifies this in a recent ruling.

Final and Executory Judgments: The Doctrine of Immutability in Philippine Courts

Once a judgment becomes final and executory, courts cannot revisit it. Learn the doctrine of immutability, its exceptions, and key lessons from a recent Supreme Court ruling.

When a MOA Becomes a Binding Contract: Lessons from a Property Sale Dispute

A Supreme Court ruling clarifies when a Memorandum of Agreement becomes a binding contract of sale, and why parties cannot later disavow it.

Due Process and Summons: Supreme Court Ruling on Unresolved Motions for Reconsideration

The Supreme Court clarifies that ignoring a motion for reconsideration violates due process, while explaining how courts acquire jurisdiction over defendants.

Prejudicial Question in the Philippines: Suspension, Not Dismissal, of Criminal Cases

A prejudicial question suspends, not dismisses, a criminal case. Learn the rule from a recent Supreme Court ruling.

Residency Requirements for Government Positions: The Binay Case Explained

Learn how the Supreme Court’s ruling in CSC v. Binay clarifies residency rules for local government appointments and why accuracy in your Personal Data Sheet matters.

Proving Intimidation in Contracts: The Ortigas Land Dispute and the Burden of Proof

Philippine law presumes contracts valid. Learn how the Supreme Court requires clear evidence to prove intimidation or undue influence.

DNA Evidence and Presumption of Legitimacy: Filiation Rights in the Philippines

The Supreme Court ruled DNA evidence can establish filiation despite the presumption of legitimacy, prioritizing the child's best interests.

New Mayor’s Power to Withdraw Predecessor’s Motion: Berces v. CSC

Can a new mayor withdraw an administrative appeal filed by a predecessor? The Supreme Court clarifies succession, finality, and misconduct rules.

Hierarchy of Courts in Certiorari Petitions: Lessons from Nacionales v. Solde-Annogui

The Supreme Court reaffirms the hierarchy of courts doctrine, requiring certiorari petitions to start at the RTC, not the High Court.

Right to Information vs. Exam Confidentiality: The Antolin-Rosero Ruling

The Supreme Court balances the right to information against exam confidentiality in Antolin-Rosero v. PRC, a landmark 2021 ruling.

Amending Defective Criminal Charges: The Lazaro Doctrine on Procedural Flexibility

Learn how Philippine courts amend defective criminal charges to prevent dismissal on technicalities, based on Lazaro v. People.