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 19 of 9 articles for counterclaim

Conditional Sale vs. Contract to Sell: A Supreme Court Ruling on Ownership, Breach, and Forum Shopping

The Supreme Court clarifies when a "conditional sale" is really a contract to sell, and warns against forum shopping in property disputes.

Constructive Dismissal and Contract Ambiguity: Lessons from Esico v. Alphaland

The Supreme Court's ruling in Esico v. Alphaland clarifies constructive dismissal claims and the consequences of ambiguous employment contracts.

Voluntary Submission to Jurisdiction: Key Insights from the Jorgenetics Replevin Case

How a defendant's post-dismissal motions can cure defective service of summons and revive a replevin case, per the Supreme Court.

Quasi-Delict Claims Need No Reservation: Supreme Transport Ruling Explained

Philippine Supreme Court clarifies that quasi-delict counterclaims may proceed without reservation in criminal cases, subject only to the ban on double recovery.

Compulsory vs. Permissive Counterclaims: What Philippine Litigants Must Know

Learn the difference between compulsory and permissive counterclaims in Philippine courts, including docket fees, forum shopping, and the Alba v. Malapajo ruling.

Bound by Your Lawyer’s Mistakes? Client Responsibility Under Philippine Law

Philippine courts generally hold clients responsible for their lawyers' negligence. Only gross negligence that deprives a client of due process warrants relief.

Demurrage in Philippine Shipping: Consignee Duties and Avoiding Penalties

Philippine law holds consignees liable for demurrage when cargo is not claimed promptly. Learn the rules and practical steps to avoid penalties.

Counterclaims After Complaint Dismissal: Philippine Rules Explained

Learn when counterclaims survive dismissal of the main complaint under Philippine civil procedure, based on the Fletcher Challenge case.

Counterclaims in Criminal Cases: When Can the Accused Seek Damages?

The Supreme Court in Cabaero v. Cantos clarifies when an accused may file a counterclaim for damages in a criminal case, and when a separate civil action is required.