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 29 articles for procedural deadlines

Counsel Negligence and Strict Procedural Rules: PNB v. Spouses Victor

Supreme Court affirms strict 60-day period for petitions for relief, holding clients bound by counsel's negligence absent clear abandonment.

Tax Liens vs Judgment Credits: Priority Disputes in Philippine Law

Supreme Court ruling on when a tax lien beats a judgment creditor's levy on real property under the National Internal Revenue Code.

HLURB Decisions in Homeowners’ Association Disputes: Appeal to the CA, Not the OP

A Supreme Court ruling clarifies that HLURB decisions on intra-association disputes must be appealed directly to the Court of Appeals, not the Office of the President.

Proving Tolerance in Unlawful Detainer: A Landmark Lesson from the Supreme Court

The Supreme Court clarifies the burden of proving tolerance in unlawful detainer cases. Learn the key evidence rules for ejectment disputes.

Certiorari Timelines in the Philippines: Lessons from Republic v. Heirs of Borja

The Supreme Court clarifies the 60-day rule for filing certiorari petitions and when extensions may be allowed.

Seafarer Disability Claims: Proving Work-Related Injury in Maritime Cases

Philippine Supreme Court clarifies when a seafarer's injury is work-related and compensable, and why bare allegations fail.

Failure to Prosecute and Counterclaims: Lessons from Roasters Philippines v. Gaviola

When can a case be dismissed for failure to prosecute, and what happens to counterclaims? The Supreme Court clarifies the rules.

VAT Refund Timelines: Strict Compliance Prevails Over Prior BIR Rulings

Supreme Court clarifies mandatory 120+30 day VAT refund periods; late judicial claims fail despite BIR Ruling No. DA-489-03.

Real Party in Interest and Property Disputes: Standing to Sue Explained

Learn how Philippine courts determine who may sue in property cases, with insights from Lexber v. Dalman on standing and rehabilitation.

Missed Appeal Deadlines in Agrarian Cases: When Negligence Costs the Right to Appeal

The Supreme Court rules on missed appeal deadlines in agrarian disputes, explaining when a motion for reconsideration suspends the period and why certiorari cannot replace a lost appeal.

Appeal Memorandum Deadlines: Why Missing Them Can Cost Your Case

Missing the 15-day appeal memorandum deadline can end your appeal. Learn the strict rules and what the Supreme Court says about excuses.

DST on Deposit on Stock Subscription: When Is It Due?

The Supreme Court clarifies when documentary stamp tax applies to deposits on stock subscription, distinguishing them from actual stock subscriptions.

Missed Your Appeal Understanding Finality of Judgments and Procedural Deadlines in Philippine Courts

Learn how missing appeal deadlines makes judgments final and binding, using a Philippine Supreme Court case on union elections as guide.

Self-Defense and Unlawful Aggression: Burden of Proof in Philippine Homicide Cases

Philippine Supreme Court ruling on self-defense, unlawful aggression, and the accused's burden of proof in homicide cases.

Finality of Judgments: Why a Belated Appeal Cannot Revive a Case

The Supreme Court explains why a late motion for reconsideration makes a Court of Appeals decision final and executory, binding all parties.

Missed Your Appeal Understanding Finality of Judgments in Philippine Courts

A missed appeal deadline means final judgment. Learn how Philippine courts treat late appeals and why co-accused appeals don't help.

Preliminary Investigation Rights and the Definition of Rape: Key Lessons from De Castro

Learn when the right to preliminary investigation is waived and why finger insertion constitutes rape through sexual assault under Philippine law.

Default Judgments and Due Process: What Civil Litigants Must Know

A bus company was declared in default for missing trial. The Supreme Court clarified the rules on default, due process, and procedural rights.

Certiorari Without Motion for Reconsideration: Exceptions Under Rule 65

Learn when Philippine courts allow a direct petition for certiorari without a prior motion for reconsideration, based on the PAL-PESALA case.

Automatic Review of Death Penalty Cases Cannot Be Waived: People v. Flores

The Supreme Court rules that appellate courts cannot dismiss death penalty appeals for failure to file briefs, as review is mandatory.

Domicile Dilemmas: Residency Requirements for Philippine Election Candidates

The Supreme Court explains what "residence" really means for election candidates—and why buying property alone won't establish domicile.

Procedural Deadlines Matter: Why Second Extension Motions Can Sink Your Appeal

Philippine Supreme Court ruling on why a second motion for extension to file an appeal can be fatal, and what litigants must know about Rule 42 deadlines.

Second Chances Denied: The High Cost of Procedural Missteps in Philippine Litigation

A Supreme Court ruling shows why "honest mistake" rarely justifies a new trial—and why procedural deadlines and rules are strictly enforced.

When Contractors Overstate Work: COA's Audit Power and Quantum Meruit in Government Projects

The Supreme Court affirms COA's power to determine actual work accomplished and recover overpayments from government contractors under quantum meruit.