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.
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Newly Discovered Evidence in Philippine Courts: The Barraquio Case and Rule 37
Learn the strict requirements for newly discovered evidence under Rule 37 and what the Supreme Court's Barraquio ruling means for litigants.
Sheriff's Duty of Care: When Neglect in Execution Leads to Dismissal
A sheriff's deviation from Rule 39 execution procedure constitutes simple neglect of duty, warranting dismissal when aggravated by prior offenses.
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.
When Death Ends a Case: Exhumation Dispute and the Rules on Party Substitution
A family exhumation dispute ends without a merits ruling after the petitioner dies and heirs decline substitution, clarifying Rule 3, Section 16.
Client’s Death and Counsel’s Duty: The 30-Day Notification Rule Under Section 16, Rule 3
A lawyer must notify the court within 30 days of a client’s death and name the legal representatives—or face disciplinary action.
Petition for Relief and Extrinsic Fraud: Jurisdiction Limits in Philippine Courts
Learn how Philippine courts handle petitions for relief from judgments, the role of extrinsic fraud, and jurisdictional limits under Rule 38.
Sheriffs Duty to Serve Notice Before Implementing Writs: Consequences of Neglect
A sheriff who enforces a writ without prior notice violates due process. Learn the rules and penalties under Rule 39.
Third Party Claims in Execution: Protecting Property Rights Under Rule 39
Learn how third-party claimants can protect property wrongly levied in execution, and why certiorari is not the right remedy.
Sheriffs Must Execute Writs Promptly and File Periodic Returns: DBP v. Famero
The Supreme Court clarifies a sheriff's duty to execute writs with dispatch and file Section 14, Rule 39 periodic returns, imposing a fine for neglect.
Untangling Time: When Does the Clock Start Ticking for Relief from Judgment?
Explaining the 60-day and 6-month periods for filing a petition for relief from judgment under Rule 38, as clarified by the Supreme Court in Commissioner of Internal Revenue v. Court of Tax Appeals an
Survival of Actions: Property Rights Prevail After Death in Philippine Law
Philippine Supreme Court clarifies when lawsuits survive a party's death, focusing on property rights versus personal actions under Rule 3.
Sheriffs Must Follow Rules in Executing Money Judgments
A sheriff's failure to remit collected judgment payments to the clerk of court led to a one-year suspension. Learn the proper procedure under Rule 39.
Relief From Judgment Not Available in the Supreme Court: Purcon v. MRM Philippines
The Supreme Court explains why a petition for relief from judgment under Rule 38 cannot be filed in the High Court.
Debt Recovery Execution: Waiver of Demand and Proving Overlevy
Learn when a sheriff's failure to demand payment is excused and how to prove overlevy in execution sales under Rule 39.
Sheriffs Must Follow Auction Sale and Redemption Rules Strictly
A sheriff's failure to follow Rule 39 procedures on auction sales and property redemption constitutes simple neglect of duty, warranting suspension.
Successor Liability: BI Case Dismissed for Lack of Substitution of Public Officer
Learn when a case against a public officer must be dismissed for failure to substitute a successor under Rule 3, Section 17.
Why Garnishees Can't Use Certiorari to Contest Garnishment Orders
Third-party garnishees cannot use certiorari to challenge garnishment orders. Learn the proper remedies under Rule 39.
Service of Summons on Corporate Employees: What Aboitiz v. PCIC Teaches About Jurisdiction
The Supreme Court clarifies when service of summons on a corporate employee is valid and why a Rule 38 petition for relief is not a substitute for appeal.
Sheriff Duties in Executing Writs: Notice to Vacate and Money Judgment Enforcement
Philippine Supreme Court clarifies sheriff duties on notice to vacate and enforcing money judgments in executions, citing Rule 39.
When Sheriffs May Not Take Judgment Payments: Rule 39 and the Perils of Personal Deposit
A sheriff who allowed a P900,000 check to be made payable to him and tried to deposit it in his personal account was fined for simple neglect of duty under Rule 39.
Execution Pending Appeal in the Philippines: When 'Good Reasons' Justify Immediate Judgment Enforcement
Learn when Philippine courts allow execution pending appeal, the 'good reasons' required under Rule 39, and key lessons from Bangkok Bank vs. Lee.
Execution Pending Appeal: When Can a Judgment Be Enforced Early
Learn the strict rules for discretionary execution pending appeal under Rule 39, and the consequences when a judge oversteps.
Mistake of Law vs Mistake of Fact: Grounds for Relief from Judgment in the Philippines
Philippine Supreme Court clarifies that only mistakes of fact, not errors of law, justify relief from judgment under Rule 38.
Relief From Judgment Confined to Trial Courts, Not Extended to Court of Appeals
Supreme Court clarifies that relief from judgment under Rule 38 applies only to trial courts, not the Court of Appeals.