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.
CBA-Protected Benefits: When Management Prerogative Cannot Override the Collective Bargaining Agreement
Philippine Bank of Communications v. PBCOMEA: benefits written into a CBA cannot be unilaterally changed by management without union participation.
Reckoning the Two-Year Prescriptive Period for DST Refund Claims: PBCom v. CIR
When does the two-year prescriptive period for a documentary stamp tax refund claim begin for metering machine users? The Supreme Court settles the rule.
Assignment of Credit vs. Assumption of Liability: Clarifying a Bank's Role in Property Development
When a bank buys a developer's receivables, does it inherit the developer's obligations to buyers? The Supreme Court clarifies the distinction.
Default Judgments: Excusable Negligence and Timely Remedies in Philippine Courts
Understand default judgments in Philippine courts, the strict rules on excusable negligence, and the timely remedies available to defendants.
Writ of Possession After Foreclosure: When the Surplus Must Be Returned
Philippine Bank of Communications v. Yeung clarifies when a writ of possession issues after foreclosure and how sale surpluses are handled.
Rehabilitation Denied When Financial Realities Override Corporate Rescue
The Supreme Court clarifies when corporate rehabilitation is not available—mere illiquidity qualifies, but irreversible insolvency with speculative plans does not.
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.
Sheriff's Overzealous Writ Execution: Grave Abuse of Authority and Citizen's Rights
When a sheriff's writ execution crosses the line into illegal detention and premature demolition, the Supreme Court steps in to protect citizens' rights.
Crossed Checks and Collecting Banks: Who Bears the Loss for Wrong Endorsement?
Learn when a collecting bank is liable for depositing a crossed check into the wrong account, and the duty to verify endorsements.
Chattel vs Real Property: How Mortgage Classification Affects Foreclosure Rights
Philippine Supreme Court ruling on when machinery is chattel or real property, and why classification determines what a mortgage covers.
Execution Pending Appeal: When Good Reasons Exist in Philippine Civil Procedure
Philippine Supreme Court clarifies when execution pending appeal is allowed, emphasizing that financial distress of a corporate party is not a "good reason."