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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Navigating Will Probate: Key Lessons From a Landmark Philippine Supreme Court Case
A Philippine Supreme Court decision on property under custodia legis offers crucial lessons for lawyers and litigants in estate and will probate cases.
Lawyer Sanctioned for Misusing Court Custody of Levied Property
Supreme Court suspends lawyer for one year for taking a vehicle under custodia legis without court approval, violating the Code of Professional Responsibility.
Neglect of Duty in Court Clerks' Responsibility for Safekeeping Exhibits
Court clerks must safely keep exhibits in custodia legis. Learn from a Supreme Court ruling on simple neglect of duty for lost firearms.
Court Clerk's Neglect of Duty: The Cost of Mishandling Exhibits in Custodia Legis
A clerk of court's failure to safekeep and dispose of exhibits led to a finding of simple neglect of duty, with lessons for all court personnel.
Custodia Legis: When Courts Cannot Touch Funds Held by Another Court
Explaining the custodia legis rule from Solidbank v. Goyu & Sons: a court cannot interfere with funds under another court's control.
Custodia Legis: Ensuring Impartial Custody of Just Compensation in Agrarian Reform
The Supreme Court affirms that trial courts may order physical turnover of agrarian reform deposits to the clerk of court for custodia legis, ensuring impartial custody pending final valuation.
Custodia Legis and Garnishment: The BSP v. Judge Lanzanas Ruling
Funds in custodia legis cannot be garnished without court approval. The Supreme Court's ruling in BSP v. Judge Lanzanas explains why.
Sheriffs Must File Return and Seek Court Guidance When Writs Conflict
Administrative case reminds sheriffs that implementing writs is ministerial; when property is under custodia legis, they must report and await instructions.
Sheriff’s Duty of Custody: Liability for Negligent Loss of Seized Property
Philippine Supreme Court holds sheriff liable for dereliction of duty when a vehicle under custodia legis was lost due to unsafe storage.
Custodia Legis and State Immunity Protect DENR Seizures of Timber-Laden Vehicles
When DENR seizes vehicles for illegal timber, they enter custodia legis and cannot be replevied; suits against DENR officers are suits against the State.
Sheriffs Duty vs Custodia Legis: When a Writ of Replevin May Be Refused
When property is already forfeited to the government and in custodia legis, a sheriff must pause and seek judicial instructions before executing a writ of replevin.