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 59 articles for philippine civil procedure

Litis Pendentia and Final Judgment: Preventing Relitigation of Property Ownership

A final ruling on property ownership in one case bars a later suit on the same issue, even if the form of action differs.

Venue vs Jurisdiction: When Courts Cannot Dismiss Probate Cases

The Supreme Court clarifies that improper venue is not a ground for motu proprio dismissal of probate cases, distinguishing venue from jurisdiction.

Standby Letters of Credit vs Counter-Bonds: Safeguarding Preliminary Attachments in Philippine Litigation

A standby letter of credit cannot substitute a counter-bond to discharge a preliminary attachment under Rule 57, per the Supreme Court.

Property Transactions and Novation: Lessons from East West Banking v. Cruz

A Supreme Court ruling clarifies when a bank—or any party—can sue, and why choosing the wrong appeal can end a case.

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.

Understanding Default Judgments When Courts Must Allow Late Answers

When can courts allow late answers? This article explains default judgment rules and when courts must permit a defendant to file a late answer.

Venue Stipulations and the Right Remedy: Pillars Property v. Century Communities

The Supreme Court clarifies when a venue stipulation binds parties and why dismissal for improper venue calls for certiorari, not appeal.

Unlawful Detainer: The Imperative of Alleging Tolerance in Ejectment Suits

Philippine Supreme Court ruling on why tolerance must be alleged in unlawful detainer cases to establish jurisdiction.

Alias Writ of Possession: The Limits of Trial Court Authority in Appeal Dismissals

A Supreme Court ruling clarifies when a trial court may dismiss an appeal, and why orders of execution are not appealable.

Revival of Judgment: Prescription Periods and Banking Reorganization Duties

Explaining the Supreme Court's ruling on the 10-year prescriptive period for reviving judgments and its application to banking reorganization obligations.

Revival of Judgment Prescription and Compliance in Banking Disputes

Explore the Supreme Court's ruling on the 10-year prescription period for reviving judgments, applied to a banking dispute.

Revival of Judgment: Why It Must Be Filed with the RTC, Not the Court of Appeals

The Supreme Court clarifies that actions to revive a judgment must be filed with the Regional Trial Court, not the Court of Appeals.

When Attorney Negligence Doesnt Equal Extrinsic Fraud Protecting Final Judgments

The Supreme Court clarifies that a lawyer's negligence, without malice or connivance with the adverse party, does not constitute extrinsic fraud to annul final judgments.

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.

Appeal Dismissed Understanding Questions OF LAW VS Questions OF Fact IN Summary Judgments

The Supreme Court clarifies the distinction between questions of law and fact in appeals from summary judgments, and the proper remedy.

Finality of Judgment Prevails: When a Notice of Lis Pendens Can Be Cancelled

A Supreme Court ruling clarifies that only the court with jurisdiction over the main action may cancel a lis pendens, and final judgments cannot be collaterally attacked.

Execution Pending Appeal and Surety Liability: Lessons from Centennial Guarantee v. Universal Motors

Explaining when Philippine courts allow execution pending appeal and how a surety's liability on an injunction bond is limited.

Real Party in Interest: Who Can Sue in Philippine Courts

The Supreme Court clarifies the real party in interest rule in G.R. No. 205179, explaining who may properly bring suit.

Counterclaims Survive Independent Adjudication After Complaint Dismissal

The Supreme Court clarifies that dismissing a complaint does not automatically kill the defendant's counterclaim, which may proceed independently.

Possession Follows Ownership When a Writ of Execution Implies Possession of Land

Philippine Supreme Court ruling: a writ of execution may place a winning party in possession of land even if the judgment does not expressly say so.

Final Judgments and Supervening Events: When Execution Cannot Be Stopped

A sale of property after judgment finality does not automatically stop execution. The Supreme Court explains the limits of supervening events.

Jurisdiction Defined: Mixed Questions of Law and Fact in Appeals

The Supreme Court clarifies when an appeal raises mixed questions of law and fact, and why jurisdiction depends on the nature of the issues raised.

When a Case Becomes Moot: The Stradcom v. Laqui Ruling on Preliminary Injunctions

The Supreme Court explains the moot and academic doctrine in Stradcom v. Laqui, showing how a preliminary injunction expires with the main case.

Laches and Land Disputes: Registered Title Prevails Over Delayed Claims

When a land judgment becomes final, it is immutable. The Supreme Court explains why registered titles cannot be overturned by belated claims.