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 25 articles for in personam

Reviving Justice: How Refiling a Quasi-Delict Complaint Overcomes Prescription

A Supreme Court ruling clarifies summons service, real party in interest, and prescription in refiled quasi-delict cases.

Summons by Publication in Annulment Cases: Why Due Process Demands Diligent Service

The Supreme Court nullified an annulment ruling because summons by publication was premature. Learn the service-of-summons rules.

Piercing the Corporate Veil: Jurisdiction First, Liability Later

Supreme Court clarifies that courts must first acquire jurisdiction over a corporation before applying the piercing the corporate veil doctrine to hold owners liable.

Understanding the Limits of Injunctive Relief in Bank Liquidation: A Philippine Perspective

The Supreme Court clarifies when courts may—and may not—issue injunctions against the Bangko Sentral ng Pilipinas during bank liquidation proceedings.

Heirs Can Assert Succession Rights Without Prior Judicial Declaration: Treyes v. Larlar

The Supreme Court clarifies that legal heirs may enforce their successional rights in an ordinary civil action without first securing a judicial declaration of heirship.

Defective Summons Nullifies Judgment Safeguarding Due Process in Annulment Cases

SC rules defective summons in annulment cases violates due process; petitions for annulment are actions in personam requiring proper service.

Reconveyance and Good Faith: When a Torrens Title Is Not Enough

Philippine Supreme Court rules that a Torrens title obtained in bad faith may be defeated by an action for reconveyance by one with a better right.

Piercing the Corporate Veil: Personal Jurisdiction Over Sole Proprietorships in Philippine Courts

Philippine Supreme Court clarifies that sole proprietorships lack juridical personality, requiring suits against the owner personally for proper jurisdiction.

Jurisdiction Over Non-Residents: Extraterritorial Summons and Actions In Personam

Philippine courts cannot acquire jurisdiction over non-resident defendants in personal actions through extraterritorial service of summons. Learn the rules.

Valid Service of Summons in the Philippines When Personal Delivery to a Non-Resident Is Sufficient

Learn when Philippine courts consider summons validly served on a non-resident defendant found in the country, and what this means for jurisdiction.

Substituted Service of Summons in the Philippines: Ensuring Court Jurisdiction

Explaining when Philippine courts acquire jurisdiction over non-resident defendants through personal or extraterritorial service of summons.

Sheriffs Authority Limits and Liabilities in Property Demolition in the Philippines

When can a sheriff demolish property during execution? The Supreme Court clarifies the limits of a sheriff's authority and liability in demolition cases.

Real Property Tax Sales: Ensuring Proper Notice to Delinquent Owners

The Supreme Court clarifies the notice requirements for tax delinquency sales under P.D. 464, emphasizing strict compliance with statutory notice rules.

Foreclosure Sales and Labor Claims: When Buyers Are Not Liable for a Mortgagor's Debts

The Supreme Court clarifies that a mortgagee-creditor who buys foreclosed assets does not automatically assume the mortgagor's labor liabilities.

Enforcing Justice Filing Fees AND Access TO Courts IN Foreign Judgment Cases

Philippine Supreme Court ruling on filing fees for enforcing foreign judgments, ensuring court access for human rights victims.

Service of Summons Ensuring Due Process in Forcible Entry Cases

A forcible entry case is a real action in personam; defective substituted service of summons voids the judgment for lack of jurisdiction.

Ejectment Suits and Due Process: When Non-Parties Are Bound by Court Decisions

Philippine Supreme Court ruling on when non-parties to an ejectment case may still be bound by a demolition order.

Enforcement of Foreign Judgments in the Philippines: Summary Judgment and Forum Non Conveniens

Philippine courts explain when summary judgment is proper in enforcing foreign judgments and when forum non conveniens applies.

Jurisdiction Over Foreign Entities: Summons and Due Process in Philippine Courts

When can Philippine courts validly exercise jurisdiction over foreign corporations? The Banco do Brasil case explains the rules on summons and due process.

Motion to Dismiss in Philippine Courts: Understanding Failure to State a Cause of Action

Learn how Philippine courts handle motions to dismiss for failure to state a cause of action, and why proper service of summons matters.

Does Your Case Die With Your Client? Survival of Actions and Attorney's Fees in the Philippines

When a client dies before judgment, does a lawyer's claim for fees survive? The Supreme Court explains the rule on survival of actions.

Valid Service of Summons in Revival of Judgment Cases: Jurisdiction Lessons from Arcenas

Philippine Supreme Court ruling on when substituted service of summons is invalid in revival of judgment actions, and why courts must acquire jurisdiction over the defendant.

Enforcing Foreign Judgments in the Philippines: Jurisdiction and Due Process

A Hong Kong judgment against a Quezon City resident was unenforceable in the Philippines because the foreign court never acquired jurisdiction over him.

Philippine Courts and Foreign Defendants: How Voluntary Appearance Can Establish Jurisdiction

A look at Villareal v. CA: when a non-resident defendant voluntarily appears in court, jurisdiction over the person is established.