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 196 articles for pleadings

When an Appeal Is Dismissed for Late Brief: The Licup Ruling on Substantial Justice

The Supreme Court nullified the CA's dismissal of an appeal due to a late brief, citing substantial justice and liberty interests.

Job Offer Accepted but Withdrawn Before Start Date: The Aragones Ruling on Perfected Employment Contracts

A job offer accepted is a perfected employment contract. Learn the Supreme Court's ruling in Aragones v. Alltech and what it means for employers and employees.

Lawyer Suspended for Abusive Language and Disrespect for Legal Processes

The Supreme Court suspended a lawyer for urging police to shoot her nephew and using intemperate language in pleadings—a reminder of ethical limits.

When Lawyers Fail Clients: The Sore-Romano Disbarment Case Explained

A lawyer suspended five years for negligence, dishonesty, and IBP defiance—what this means for clients and the legal profession.

Ejectment Cases in the Philippines: When Tenants Cannot Challenge the Landlord's Title

Philippine ejectment cases explained: the estoppel rule barring tenants from denying a landlord's title, plus key rulings from Laqui v. Sagun.

Res Judicata Bars Repeated Litigation of Attorney Misconduct in the Philippines

Explore how the Supreme Court applied res judicata to bar a second disbarment case against a lawyer for the same misconduct, and the fine imposed for procedural defiance.

Using an Alias in the Philippines: When It Becomes a Crime and the Pequero Case

Using a name different from your registered birth name can be a crime. Learn the rules, penalties, and lessons from a recent Supreme Court ruling.

Navigating Land Expropriation and Title Reconstitution: A Philippine Law Guide

The Supreme Court clarifies how expropriation, reconstituted titles, and res judicata interact in property disputes.

Inordinate Delay in Administrative Cases: The Right to Speedy Disposition After Llevares

Explore how the Supreme Court's Llevares ruling protects public officials from inordinate delay in administrative cases, and what this means for your rights.

Foreclosure Prescription: When Does a Bank's Right to Foreclose Expire?

Philippine Supreme Court clarifies that extrajudicial foreclosure filings do not stop the 10-year prescription period for mortgage actions under Article 1142.

Speedy Disposition of Cases: When Delays Lead to Dismissal in the Philippines

Learn how the Supreme Court protects the right to speedy disposition of cases, and when unreasonable delays can lead to dismissal of criminal charges.

Undue Delay in Court: When a Judge Is Liable and What the Consequences Are

The Supreme Court explains when a judge's delay in resolving motions becomes administrative liability, and the penalties under the amended Rule 140.

Understanding Special Leave Benefits for Women: Insights From a Landmark Supreme Court Case

A Supreme Court ruling clarifies the procedural requirements for special leave benefits for women, emphasizing the importance of the three-day notice rule in motions.

Due Process and Summons: Supreme Court Ruling on Unresolved Motions for Reconsideration

The Supreme Court clarifies that ignoring a motion for reconsideration violates due process, while explaining how courts acquire jurisdiction over defendants.

Breach of Trust When Court Personnel Exploit Position FOR Personal Gain

When a lawyer misappropriates client funds and neglects a case, the Supreme Court may impose the ultimate penalty of disbarment.

Project vs Regular Employment: Defining Job Security in the Philippines

Understand the Supreme Court's distinction between project and regular employment, and what it means for job security under Philippine labor law.

Accion Publiciana in the Philippines: Recovering Possession of Real Property

Learn how accion publiciana works in the Philippines, when to file it, and what the Ontiveros case means for property owners seeking to recover possession.

Misrepresentation and Accountability When Non-Judiciary Personnel Impede Justice

Supreme Court clarifies that non-judiciary personnel who misrepresent influence over cases face contempt, even if outside administrative jurisdiction.

Upholding Honesty in Court: Attorney Suspended for Misleading Statements

A lawyer's false denial of a compromise agreement led to a one-month suspension, reaffirming that candor to courts is non-negotiable.

When Zealous Advocacy Turns Abusive: Disciplining Lawyers for Offensive Language

The Supreme Court clarifies the line between vigorous advocacy and offensive language in pleadings, disciplining a lawyer for intemperate remarks.

Imprescriptibility of Reconveyance Actions Challenging Titles Based on Nonexistent Contracts

When a land title is based on a nonexistent contract, the action for reconveyance does not prescribe, the Supreme Court rules.

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.

Forcible Entry: How a Torrens Title Proves Prior Physical Possession

In ejectment cases, prior physical possession can be proven by a Torrens title and tax declarations, not just actual occupation. The Supreme Court explains.

Cabug-os v. Espina: Balancing Employee Rights and Micro-Business Realities

The Supreme Court ruled that illegal dismissal awards against sari-sari stores must be equitable, considering the BMBE status and actual salaries of micro-enterprises.