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 122 of 22 articles for right to litigate

Malicious Prosecution in the Philippines: When Filing a Case Crosses the Line

Filing a baseless disbarment case to pressure a lawyer can amount to malicious prosecution. Learn the rules and remedies from a recent Supreme Court ruling.

Possession Rights Balancing Property Sales AND Building Occupation

Supreme Court ruling on when a buyer of land can keep occupying a building pending title issuance, and when attorney's fees are unwarranted.

Proving Land Ownership: The Crucial Role of Property Identification in Philippine Law

Philippine Supreme Court ruling on why identifying the exact land is essential in recovery actions under Article 434 of the Civil Code.

Limits of Post-Judgment Examination: Protecting Third-Party Rights in Execution

Third-party claimants can vindicate ownership of levied property through independent actions without being penalized for exercising their right to litigate.

Good Faith Prevails Reassessing Liability in Disallowed Government Benefits

A lawyer's good faith in claiming disallowed benefits shields him from liability, but procedural lapses still draw sanctions.

Overlapping Land Titles: Prior Certificate Prevails in Philippine Law

When two land titles cover the same property, the earlier certificate generally prevails. Learn the rule and its limits.

Taming Unconscionable Interest: Reassessing Loan Obligations and Attorney's Fees in Philippine Law

The Supreme Court clarifies how courts temper unconscionable loan interest rates and when attorney's fees may be awarded in foreclosure cases.

Malicious Prosecution: Proving Malice and Bad Faith in Filing Administrative Complaints

Filing an administrative complaint is not automatically malicious prosecution. Learn what Philippine courts require to prove malice and bad faith.

When Attorney's Fees Are Not Automatic: The Rule of Article 2208

The Supreme Court clarifies when courts may award attorney's fees under Article 2208 of the Civil Code, requiring clear factual and legal justification.

Attorney’s Fees in the Philippines: When Courts Can Award Them

Philippine courts cannot award attorney's fees without clear justification. Learn the rules under Article 2208 of the Civil Code.

Lawyer Disbarred for Filing Frivolous Cases Against Former Client in Revenge

Supreme Court disbars lawyer who filed 12 cases against former client and family to exact revenge for suspension. Learn the ethical rules.

Taxpayer Standing to Challenge Government Spending: Jumamil v. Cafe

The Supreme Court clarifies when taxpayers may challenge local government spending and the limits of declaratory relief in Jumamil v. Cafe.

Malicious Prosecution: Proving Malice and Lack of Probable Cause in Criminal Complaints

The Supreme Court explains when filing criminal complaints becomes malicious prosecution, requiring proof of both malice and lack of probable cause.

Filing Suits Is a Right, Not Harassment: Gatmaytan v. Ilao

When does filing a lawsuit cross the line into harassment under the Code of Professional Responsibility? The Supreme Court clarifies the boundary.

Jurisdiction Over Labor Disputes When a Pending Case Shifts With the Law

Philippine Supreme Court explains how jurisdictional changes in labor law apply to pending cases, using UST v. Canicosa as the guide.

Ejectment vs Ownership: When Courts Decide Possession in Land Disputes

Philippine Supreme Court clarifies that claims of ownership do not strip municipal trial courts of jurisdiction over ejectment cases.

Good Faith in Administrative Actions: Protecting Public Officials From Liability

The Supreme Court clarifies that good faith in filing administrative cases shields public officials from disciplinary liability, but lawyers must still respect courts.

Malicious Prosecution in Philippine Law: Probable Cause and Malice Explained

Philippine Supreme Court clarifies when a failed criminal complaint becomes malicious prosecution, requiring proof of lack of probable cause and sinister motive.

When Words Wound Understanding Damages FOR Baseless Lawsuits IN THE Philippines

Learn how Philippine courts award damages for baseless lawsuits, what must be proven, and practical tips to protect your rights.

Tortious Interference in the Philippines: Upholding Contractual Rights in Business Disputes

Philippine Supreme Court clarifies tortious interference with contract elements, malice requirement, and attorney's fees in business lease disputes.

Moral Damages for Unfounded Lawsuits in the Philippines: What the Law Says

Winning a baseless lawsuit does not automatically entitle you to moral damages. Learn the rules from Expertravel v. CA.

Negligence Trumps Fortuitous Events: Service Shops Must Insure Customer Vehicles

Philippine Supreme Court ruling on when a service shop's failure to insure customer property makes it liable for loss by fire, even if the fire is a fortuitous event.