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 40 articles for rule 7

Unlawful Detainer: How Tolerance Affects Property Rights in the Philippines

Learn how tolerated occupancy can become unlawful detainer when the owner withdraws permission, based on a 2023 Supreme Court ruling.

Extrajudicial Settlement in the Philippines: Why Excluding Heirs Can Void the Deal

Learn how the Supreme Court protects excluded heirs in extrajudicial settlements, and what co-owners can still do with their shares.

Writ of Kalikasan Requires Concrete Evidence, Not Speculation: Water for All Refund Movement Case

The Supreme Court clarifies that a Writ of Kalikasan demands concrete evidence of environmental harm, not mere speculation or unsubstantiated allegations.

Forcible Entry: How a Torrens Title Proves Prior Physical Possession

In ejectment cases, prior physical possession can be proven by a Torrens title and tax declarations, not just actual occupation. The Supreme Court explains.

Adultery and Disbarment: When a Lawyer's Private Conduct Ends the Legal Career

The Supreme Court disbarred a lawyer for an extramarital affair, affirming that gross immorality in private life warrants the ultimate professional sanction.

Forcible Entry: Prior Physical Possession Prevails Over Delayed Evidence

Supreme Court clarifies that in forcible entry cases, prior physical possession is key, and evidence first presented on appeal cannot be considered.

Forcible Entry vs. Unlawful Detainer: A Philippine Property Owner’s Guide

Learn the difference between forcible entry and unlawful detainer in Philippine ejectment cases, and how the Supreme Court clarified the rules in a recent ruling.

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.

Special Administrators in Estate Cases: Residency Matters More Than Citizenship

Philippine Supreme Court clarifies that residency, not citizenship, determines who may serve as special administrator in estate proceedings.

Understanding Property Rights: Land Ownership Extent and Ejectment in the Philippines

Learn how Philippine law defines land ownership extent—surface, subsurface, and airspace—and when ejectment cases apply to structures like firewalls.

Execution Pending Appeal in Ejectment Cases: Immediate Judgment Enforcement in the Philippines

Learn how execution pending appeal works in Philippine ejectment cases, including the mandatory rule and key Supreme Court rulings.

Prior Physical Possession in Forcible Entry: The Madayag Ruling Explained

The Supreme Court clarifies that prior physical possession in forcible entry cases can be established through juridical acts, not just actual occupation.

Disbarment for Adultery and Abandonment: Moral Standards for Philippine Lawyers

The Supreme Court disbarred a lawyer for adultery and abandoning his family, reaffirming that private misconduct reflects on fitness to practice law.

Disbarment for Deceit in Settlement Talks: Fortune Medicare v. Atty. Lee

The Supreme Court disbarred Atty. Lee for dishonest settlement negotiations, reaffirming that lawyers must act with candor and integrity.

Forum Shopping in the Philippines: What the Zamora Case Teaches Litigants

Learn how the Supreme Court defines and penalizes forum shopping, and what the Zamora ruling means for litigants filing multiple cases.

Mining Rights vs. Indigenous Peoples: Exhaustion of Remedies and Grave Abuse of Discretion

The Supreme Court in Alecha v. Atienza underscores the exhaustion doctrine and limits of grave abuse of discretion in mining disputes.

Forum Shopping by Lawyers: Ethical Duty and the Price of Misconduct

A lawyer's filing of successive petitions constituted forum shopping, resulting in a six-month suspension from the practice of law.

Title Registration as Proof of Prior Possession in Forcible Entry Cases

The Supreme Court clarifies when a Torrens title can prove prior physical possession in forcible entry cases, protecting landowners from intruders.

Balancing Freedom of Speech and the Sub Judice Rule: Protecting Fair Trial Rights

The Supreme Court clarifies when public comments on pending cases violate the sub judice rule and constitute contempt.

Verification and Certification Against Forum Shopping: Why All Petitioners Must Sign

A single unsigned verification can dismiss a case. Learn the strict rules on certification against forum shopping from Formoso v. PNB.

Direct Contempt of Court: Limits, Penalties, and Remedies Under Philippine Law

Learn the limits of direct contempt in Philippine courts, including penalties, due process rights, and remedies like certiorari.

Solidary vs Joint Obligations: When Liability Is Not Presumed in Philippine Law

Philippine Supreme Court clarifies that solidary obligations are not presumed; joint debtors are liable only for their proportionate shares.

Injunctions in Ejectment Cases: Balancing Property Rights and Public Service

When can an ejectment judgment be stayed? City of Naga v. Asuncion shows how courts balance property rights against disruption of public services.

Prior Physical Possession Is Key in Forcible Entry Cases: Gonzaga v. Agan

Philippine Supreme Court explains why ownership alone is not enough to win a forcible entry case—prior physical possession is required.