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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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.

VAT Zero-Rating for Hotel Services to International Airlines: The Manila Peninsula Ruling

The Supreme Court clarifies when hotel accommodations for international flight crews qualify for VAT zero-rating under the NIRC.

Enforcing Foreign Arbitral Awards in the Philippines: The Authentication Requirement

Learn why authenticated arbitration agreements are jurisdictional requirements for enforcing foreign arbitral awards in Philippine courts, as ruled in Manis Shipping.

Seafarer Death Benefits: Prescription Periods and Proving Work-Related Death

Learn the strict rules on prescription and compensability in seafarer death benefit claims, based on a recent Supreme Court ruling.

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers From Unfair Loan Agreements

When is a "sale with right to repurchase" really a loan? The Supreme Court explains equitable mortgage and pactum commissorium.

Public Purpose in Government Loans to Private Entities: The Bawasanta Case

When can local governments lend public funds to private entities? The Supreme Court clarifies the public purpose rule in Bawasanta v. People.

Seafarer Disability Claims: The 120/240-Day Rule and the Third Doctor Requirement

A Supreme Court ruling clarifies when a seafarer's disability becomes permanent and total, and why skipping the third-doctor referral can defeat a claim.

Subrogation and Carrier Liability in Maritime Claims: The C.V. Gaspar Case

How the Supreme Court applied subrogation and extraordinary diligence to hold carriers liable for damaged cargo in maritime transport.

Mandatory SSS Coverage for Filipino Seafarers: What the Supreme Court Said

The Supreme Court upheld the mandatory SSS coverage of Filipino seafarers under RA 11199, ruling it constitutional and valid.

Demurrage and Detention Fees: Supreme Court Clarifies Tax Treatment for International Shipping

The Supreme Court ruled demurrage and detention fees are subject to regular corporate income tax, not the preferential Gross Philippine Billings rate.

Cargo Loss Liability: When Bad Weather Is Not a "Peril of the Sea"

Philippine Supreme Court clarifies when bad weather excuses a common carrier from cargo loss, defining "storm" and "peril of the sea."

Burden of Proof in Cargo Claims: Insurers Must Prove Actual Damages to Recover Subrogated Claims

Philippine Supreme Court clarifies when temperate damages apply in cargo loss claims when actual damages cannot be proven with certainty.

Incidental Fraud Damages FOR Exclusion From Corporate Management

Explaining the Supreme Court's ruling in Tankeh v. DBP on incidental fraud, damages, and exclusion from corporate management.

Filing Deadlines on Weekends and Holidays: The Rule on Extended Periods in Philippine Courts

When an extended filing deadline falls on a weekend or holiday, Philippine courts allow filing on the next working day—here's the rule.

Burden of Proof in Cargo Shortage Claims: When Arrastre Operators Escape Liability

Explaining the Supreme Court ruling on cargo shortage claims, the burden of proof, and when arrastre operators may avoid liability.

Prescription Period for Illegal Dismissal: The 4-Year Rule in Philippine Labor Law

Illegal dismissal claims prescribe in four years, not three. Learn the rule and how refiling a case interrupts prescription.

Proving Actual Damages: The Standard for Compensation in Philippine Contract Law

Philippine Supreme Court clarifies the strict standard for proving actual damages in contract disputes, requiring clear and convincing documentary evidence.

Evidence Rules in Philippine Administrative Cases: The Atienza Case Explained

Administrative bodies in the Philippines follow relaxed evidence rules. Learn what Atienza v. Board of Medicine means for professionals facing administrative scrutiny.

Freight Forwarder Liability and the $500 Package Limitation Rule in Shipping Disputes

Philippine Supreme Court ruling on when a freight forwarder becomes a common carrier and the COGSA package limitation rule.

Maritime Claims: Strict Interpretation of COGSA Prescriptive Period

Philippine Supreme Court clarifies the one-year COGSA prescriptive period for maritime cargo claims, emphasizing strict timing rules.

When Is a Consignee Liable for Freight? The MOF v. Shin Yang Rule

A consignee named in a bill of lading is not automatically liable for freight charges. The Supreme Court explains when liability attaches.

Stevedores and the Duty of Care: When Cargo Damage Is Not Negligence

Philippine Supreme Court clarifies that stevedores owe ordinary diligence, not the higher standard of common carriers, in loading and stowing cargo.

The 24-Hour Rule in Cargo Claims: Carrier Liability Under Philippine Shipping Law

Philippine Supreme Court clarifies the 24-hour claim rule under the Code of Commerce for damaged cargo and its effect on carrier liability.

Seafarer’s Illegal Dismissal: Due Process and the Ship’s Logbook in Maritime Cases

The Supreme Court ruled a seafarer’s dismissal illegal for lack of just cause and due process, highlighting the logbook’s evidentiary value.