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 99 articles for good faith

Estate Tax in the Philippines: A Practical Guide for Heirs and Beneficiaries

Learn the Philippine estate tax rules: the 6% rate, deductions, filing deadlines, exemptions, and penalties under the TRAIN Law.

Double Sale in the Philippines: Good Faith and Due Diligence in Property Disputes

A buyer who fails to inspect the property before purchase cannot claim good faith in a double sale. The Supreme Court explains why.

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.

Graft and Malversation: When Private Funds Become Public Funds Under Philippine Law

The Supreme Court clarifies when private funds become public funds and defines liability for graft and malversation in Arcelo v. People.

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.

Graft Conviction Overturned: Undue Injury and Burden of Proof Under RA 3019

When does a procurement violation become graft? The Supreme Court clarifies undue injury and the burden of proof under Section 3(e) of RA 3019.

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.

Good Faith Defense: When Public Officials Can Avoid Liability for Disallowed Fund Transfers

The Supreme Court clarifies when good faith shields public officials from personal liability in COA disallowances involving PDAF fund transfers.

Lease Improvements and Builder in Good Faith: What Philippine Lessees Must Know

Philippine Supreme Court clarifies who owns lease improvements and why "builder in good faith" rarely applies to lessees.

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.

Attorney Misconduct: Handling Client Funds and Accountability in the Philippines

Learn how Philippine lawyers must account for client funds and return unused amounts, based on Supreme Court rulings on attorney discipline.

Serious Misconduct and Employee Dismissal in the Philippines: What Employers Must Prove

Philippine law requires wrongful intent, not just a mistake, to dismiss an employee for serious misconduct. Learn what employers must prove.

When a Recruitment Employee Is Not Liable for Illegal Recruitment: Toston v. People

The Supreme Court in Toston v. People clarifies that a recruitment agency's mere employee is not automatically liable for illegal recruitment.

Intent to Gain in Theft Cases: Good Faith Ownership Claims Under Philippine Law

Philippine theft law requires intent to gain. Learn how a good faith belief in ownership can defeat criminal charges, citing Amarille v. People.

Trademark Ownership in the Philippines: Why Registration Beats Prior Use

Philippine trademark law shifted from use-based to registration-based ownership. Learn how the "Mr. Gulaman" case clarifies the rules and risks.

Notarizing Without a Commission: Supreme Court Discipline for Lawyers

Learn the disciplinary consequences for Philippine lawyers who notarize documents without a valid commission, based on a recent Supreme Court ruling.

Defective Summons and Voluntary Appearance: Due Process in Property Cases

The Supreme Court clarifies when defective extraterritorial summons can be cured by voluntary appearance—and why due process still protects the defendant.

Bank Liable for Moral Damages Over Mortgage Redemption Insurance Non-Disclosure

When a bank offers mortgage redemption insurance, it must disclose coverage limits. Learn from Land Bank v. Miranda why non-disclosure can lead to damages.

OFW Illegal Dismissal: Philippine Labor Laws Protect Workers Abroad

Philippine labor laws protect OFWs from illegal dismissal, even abroad. Learn the rules on retrenchment, due process, and remedies.

Trademark Ownership in the Philippines: When Bad Faith Defeats First-to-File

Prior use can defeat a first-to-file trademark application if the applicant acted in bad faith. Learn the rule and its exceptions.

Constructive Delivery in Property Sales: What the Tamayao Case Teaches Buyers

A notarized deed can transfer ownership, but registration is key. The Tamayao case shows why due diligence matters in Philippine property sales.

Reconveyance for Void Contracts: Imprescriptible Actions Under Article 1410

When a land transfer rests on a void or inexistent contract, an action for reconveyance does not prescribe, protecting rightful owners.

Just Compensation in Expropriation: Lessons from the NGCP v. Gaite Ruling

The Supreme Court clarifies how courts determine just compensation in eminent domain cases, emphasizing verifiable data over speculative land reclassifications.

Holdover Appointments and Compulsory Retirement: Key Lessons from Atty. Montenegro v. COA

Learn how the Supreme Court ruled on salaries for public servants who continue working past compulsory retirement without CSC approval.