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 56 articles for rule 132

Divorce Abroad: Proving the Right Foreign Law for Recognition in the Philippines

The Supreme Court clarifies which foreign law must be proven to recognize a divorce obtained abroad by a Filipino's alien spouse.

Psychological Incapacity and Expert Testimony: What Zamora v. Zamora Means for Nullity Cases

The Supreme Court clarifies that a psychological assessment report is not indispensable in nullity cases—totality of evidence is what matters.

Deficiency Claims After Mortgage Foreclosure: The Prieto v. BPI Ruling

Learn how the Supreme Court's Prieto v. BPI ruling protects borrowers from unproven deficiency claims after mortgage foreclosure in the Philippines.

Probating a Foreign Will in the Philippines: Lessons from a Landmark Case

Learn the formalities for probating foreign wills in the Philippines, from a landmark Supreme Court case on foreign law proof.

Foreign Adoption Recognition in the Philippines: What the Yuta Hayashi Case Means

Philippine courts can recognize foreign adoption decrees involving Filipino citizens if proven as fact and not contrary to public policy.

Divorce Abroad: Filipino Spouse Can Remarry Even After Joint Divorce with Foreigner

Supreme Court clarifies that a Filipino spouse may remarry after a foreign divorce, even if the divorce was obtained jointly with the foreign spouse.

Foreign Divorce Recognition in the Philippines: Proving Japanese Law Matters

The Supreme Court clarifies what evidence is needed to recognize a foreign divorce in the Philippines, focusing on proving foreign law.

Proving Foreign Law in Philippine Courts: Divorce Recognition After Rivera v. Woo Namsun

The Supreme Court clarifies what evidence is needed to prove a foreign divorce decree and foreign law in Philippine courts.

Res Judicata and Foreign Judgments: What Property Disputes Teach Us About Finality

Philippine courts won't take judicial notice of foreign judgments. Learn the rules on res judicata, litis pendentia, and proof of foreign pleadings.

Proving Foreign Divorce in the Philippines: The Authentication Requirement

Philippine courts require strict authentication of foreign divorce decrees and the alien spouse's national law before a Filipino can remarry.

Consent in Child Sexual Abuse Cases: The Bangayan Ruling Under RA 7610

The Supreme Court's Bangayan ruling clarifies when consent matters for victims aged 12 to 17 under RA 7610.

Double Sales and Defective Notarization: Clarifying Property Rights in the Philippines

Explains when double sale rules apply, the effect of defective notarization on deeds, and limits on attacking Torrens titles.

Unproven Claims Authenticating Private Documents IN Construction Disputes

A construction company's collection suit failed because it did not authenticate its private documents. Learn the authentication rules.

Unregistered Real Estate Mortgages: Valid Between Parties Despite Formal Defects

Philippine Supreme Court clarifies that defective notarization or registration of a real estate mortgage does not invalidate it between the parties.

Credible Testimony Alone Sufficient for Rape Conviction Despite Lack of Physical Evidence

Philippine Supreme Court clarifies that a rape conviction can rest on credible victim testimony alone, even without medical or physical evidence of penetration.

Divorce Decree Recognition in Bigamy Cases: Strict Proof of Foreign Law Required

Philippine Supreme Court clarifies that foreign divorce decrees need strict proof and recognition before a Filipino can validly remarry.

Late Evidence and the Judicial Affidavit Rule: Lara's Gift v. PNB General Insurers

The Supreme Court clarifies when trial courts may admit late evidence and supplemental judicial affidavits under the Judicial Affidavit Rule.

Proving Fault in Pre-Employment Medical Exams: The St. Martin Polyclinic Case

A clinic cleared a worker as fit, but he tested positive for hepatitis C abroad. The Court explains when negligence can—and cannot—be presumed.

Upholding the Validity of a Sale When Allegations of Forgery Fall Short

The Supreme Court explains when a notarized deed of sale stands despite claims of forgery, and why bare allegations are not enough.

Falsification of Court Documents: Accountability and Public Trust in the Judiciary

Court employee dismissed for falsifying a Certificate of Finality in a non-existent case, showing how public trust is protected.

Depositions Abroad: Balancing Convenience and Due Process in Philippine Civil Suits

The Supreme Court clarifies when a foreign plaintiff residing abroad may take deposition outside the Philippines for direct testimony in a Philippine civil case.

Motion for Extension of Time: Balancing Strict Rules and Substantial Justice

Philippine Supreme Court ruling on when courts should relax procedural rules on formal offer of evidence to serve substantial justice.

Loan Payments and Proof: When a Certification Can Tip the Scales in Debt Disputes

A car loan dispute shows how a certification of payment can shift the burden of proof in Philippine debt cases.

Civil Service Exam Fraud: Forged Signatures and Dishonesty in Public Service

Supreme Court ruling on Civil Service exam fraud, forged signatures, and the consequences of dishonesty in public service employment.