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 119 of 19 articles for preliminary hearing

When Can a Writ of Possession Be Challenged? Supreme Court Clarifies

The Supreme Court nullified a writ of possession in an NGCP expropriation case, ruling that trial courts must first determine the expropriator's authority before issuing the writ.

Revocation of Teacher’s License, Exhaustion of Administrative Remedies, and Due Process

The Supreme Court clarifies due process in administrative cases and the distinction between dishonesty and simple negligence in license revocation proceedings.

Quieting of Title: Courts Cannot Consider Outside Evidence in Determining Cause of Action

The Supreme Court clarifies that in resolving a motion to dismiss for failure to state a cause of action, courts must look only at the complaint's allegations.

Reconstitution of Torrens Titles: Strict Compliance and the Hierarchy of Courts

A petition to reconstitute a lost Torrens title must strictly follow RA 26; wrong remedy and forum doom the case.

Ballot Image Integrity and Electronic Evidence in Philippine Election Protests

Supreme Court ruling on ballot images as electronic evidence in election protests under RA 9369 and the Rules on Electronic Evidence.

Implied Admission in Philippine Law: Navigating Requests for Admission in Civil Cases

When does a failure to respond to a Request for Admission trigger implied admission? The Supreme Court clarifies the limits under Rule 26.

Good Faith Prevails: Protecting Innocent Purchasers in Property Disputes

Philippine Supreme Court ruling on innocent purchasers for value, good faith, and extinguishment of claims in property disputes.

Prescription in Reconveyance: Clarifying the Four-Year Rule for Actions Based on Threat and Intimidation

The Supreme Court clarifies when the four-year prescriptive period runs in reconveyance actions based on threat and intimidation, not fraud.

Clarifying Ownership When a Property Title Is Held in Trust

A Supreme Court ruling explains how courts determine whether a titled property is truly owned by the registered owner or held in trust for another.

Safeguarding Free Speech: The Imperative of Stating a Cause of Action in Libel Cases

Philippine Daily Inquirer v. Alameda clarifies that libel complaints must allege specific facts, protecting press freedom from vague claims.

Mandatory Foreclosure: GFIs Must Verify Borrower Payments Before Proceeding

Supreme Court ruling on P.D. 385: government financial institutions must verify borrower payments before mandatory foreclosure.

When Contractual Disputes Must Go to Arbitration and Courts, Not the HLURB

Philippine Supreme Court clarifies when condominium disputes belong to arbitration or courts, not the HLURB, in Frabelle Fishing Corp. ruling.

Trademark Protection for Well-Known Marks Extends to Unrelated Goods Under IP Code

The Supreme Court clarifies how Section 123.1(f) of the IP Code protects well-known marks like Rolex even against use on unrelated goods or services.

Streamlining Legal Battles Understanding Preliminary Hearings FOR Affirmative Defenses IN Philippine Courts

The Supreme Court clarifies when preliminary hearings on affirmative defenses may be conducted, streamlining litigation and promoting judicial efficiency in Philippine courts.

Due Process in Bail Hearings: A Judge's Duty After Te v. Perez

The Supreme Court reminds judges that granting bail without a hearing violates due process and constitutes gross ignorance of the law.

Expediting Election Protests: The Ministerial Duty to Examine Ballots in Philippine Law

When election fraud is alleged, courts must immediately open ballot boxes and recount votes. Learn the rule from Miguel v. COMELEC.

Tourist Duty Free Shops v. Sandiganbayan: Limits of PCGG Sequestration and Litis Pendentia

The Supreme Court clarifies when litis pendentia applies and the limits of PCGG sequestration powers over corporations.

Filing Fees in Philippine Election Protests: Jurisdictional Rules and Timelines

Philippine election protest filing fees are jurisdictional. Late payment does not cure defects. Learn the rules and deadlines.

Ejectment Cases: When Does Destruction of Property Terminate Lease Agreements

Philippine Supreme Court ruling on ejectment cases, lease termination, and jurisdiction when leased property is destroyed by fire.