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 442 articles for remedies

Job Offer Accepted but Withdrawn Before Start Date: The Aragones Ruling on Perfected Employment Contracts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

Unauthorized Foreshore Structures as Public Nuisance: Calimlim v. Goño

The Supreme Court rules that unauthorized structures on foreshore land constitute a public nuisance and must be removed.

Oral Share Sale Agreements in the Philippines: Enforceability and Remedies After Breach

Learn when oral agreements to sell shares are enforceable in the Philippines, and the remedies available when a seller backs out.

Conditional Sale vs. Contract to Sell: A Supreme Court Ruling on Ownership, Breach, and Forum Shopping

The Supreme Court clarifies when a "conditional sale" is really a contract to sell, and warns against forum shopping in property disputes.

Mandamus and Retirement Benefits: How Government Employees Can Enforce Their Rights

Learn how mandamus can compel government agencies to release delayed retirement benefits, based on a recent Supreme Court ruling.

Judicial Immunity: Administrative Complaints Cannot Substitute Judicial Remedies

Administrative complaints cannot substitute judicial remedies against judges. Learn from a recent Supreme Court ruling on judicial immunity.

Scattershot Search Warrants: The “One Specific Offense” Rule Explained

When does a search warrant become an invalid “scattershot” warrant? The Supreme Court clarifies the “one specific offense” rule in Puguon v. People.

Bill Deposits and Consumer Rights: What the Supreme Court Said in Colmenares v. ERC

The Supreme Court upheld bill deposits as valid but dismissed the challenge on procedural grounds. Here's what consumers should know.

Forum Shopping in the Philippines: Avoiding Conflicting Court Decisions

The Supreme Court clarifies the prohibition on forum shopping in labor cases, warning parties against raising the same issues in multiple forums to delay execution.

Sheriff’s Abuse of Authority: Protecting Your Property Rights in the Philippines

Learn the limits of a sheriff’s authority under Rule 39 and how the Supreme Court protects property rights in Ignacio v. Balading.

Floating Status in Philippine Labor Law: When Suspension Becomes Illegal Dismissal

Learn when an employee's floating status becomes illegal dismissal under Philippine law, based on a 2024 Supreme Court ruling.

Contractor Licensing in the Philippines: PCAB vs. DTI Jurisdiction Explained

The Supreme Court clarifies that PCAB, not DTI, has jurisdiction over complaints against unlicensed contractors in the Philippines.

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.

Navigating Employment Status: Contract of Service vs Regular Employment in the Philippines

The Supreme Court clarifies when workers in government-owned corporations are contract of service workers, not regular employees entitled to security of tenure.

Speedy Trial Rights When Prolonged Detention Justifies A Writ Of Habeas Corpus IN THE Philippines

Philippine Supreme Court explains when prolonged detention violates speedy trial rights and justifies a writ of habeas corpus.

Misclassified Employee or Domestic Worker? Key Lessons from Gaspar v. M.I.Y. Real Estate

The Supreme Court clarifies when a worker is a regular employee versus a domestic worker under Philippine law.

GSIS Housing Loans and Insurance: Protecting Heirs' Rights After a Borrower's Death

A Supreme Court ruling on GSIS housing loans clarifies when Sales Redemption Insurance applies and how heirs can save a deceased borrower's property from cancellation.

When Judges Overstep Authority: Due Process in Execution Proceedings

Supreme Court clarifies judicial authority in execution proceedings, dismissing administrative charges against a judge while reminding litigants of proper remedies.

Bill of Particulars in Philippine Criminal Procedure: What Enrile v. Sandiganbayan Teaches

The Supreme Court clarifies the role and limits of a bill of particulars in criminal cases, and the remedies available to an accused.

When Can a Mayor Order Demolition Without a Court Order? The Altarejos Ruling

The Supreme Court clarifies the limits of a mayor's power to order demolition without court intervention, reinforcing due process and property rights.

Right to Speedy Disposition of Cases: Nullifying COA Decisions for Undue Delay

The Supreme Court nullified COA decisions after an 11-year delay, reaffirming the constitutional right to speedy disposition of cases.

Child Custody in the Philippines: The Best Interest of the Child Standard

Philippine courts decide child custody disputes by one standard: the child's best interest. Learn the factors, the law, and a landmark 2024 ruling.

When Does a Right to Radio Frequencies Vest? The NOW Telecom Ruling

A legislative franchise does not guarantee radio frequencies. The Supreme Court explains why spectrum use is a privilege.

Constructive Dismissal of OFWs: When Unbearable Work Conditions Amount to Illegal Termination

The Supreme Court clarifies when unbearable working conditions abroad amount to constructive dismissal of OFWs, entitling them to back wages and damages.