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 26 articles for stipulations

Lease Improvements and Builder in Good Faith: What Philippine Lessees Must Know

Philippine Supreme Court clarifies who owns lease improvements and why "builder in good faith" rarely applies to lessees.

Choice of Law Clauses in Cross-Border Contracts: The Standard Chartered Ruling

How Philippine courts resolve conflicting choice-of-law clauses in cross-border contracts, explained through the Standard Chartered Bank v. Philippine Investment Two ruling.

Lease Renewal vs Extension: Supreme Court Clarifies the Critical Distinction

The Supreme Court clarifies the crucial difference between lease renewal and extension in a dispute over a government property lease.

Contract Renewal vs. Extension: Key Lessons from a Landmark Philippine Supreme Court Case

The Supreme Court clarifies the critical legal difference between renewing and extending a lease, and why precise contract language matters.

Extrajudicial Ejectment in Philippine Leases: What the CJH v. Aniceto Ruling Means

The Supreme Court clarifies when extrajudicial ejectment clauses in lease agreements are valid and enforceable in the Philippines.

Common Carriers and Stolen Goods: The Extraordinary Diligence Standard in the Philippines

Philippine law holds common carriers liable for stolen goods unless theft involved grave threat or irresistible force. Learn the extraordinary diligence standard.

Venue in Estafa Cases: Where Does a Bouncing Check Crime Occur?

The Supreme Court clarifies that in estafa cases involving bouncing checks, venue lies where the check was issued and dishonored, not where negotiations occurred.

State's Right to Recover Public Funds: Prescription Does Not Run Against the Government

Supreme Court rules the government's right to recover illegally disbursed public funds does not prescribe, but limits COA's power over tax collection.

Procuring Cause: When Real Estate Brokers Earn Their Commission

Learn when a real estate broker earns a commission under Philippine law, explained through the Supreme Court's ruling in Ticong v. Malim.

Pre-Trial Representation: When a Special Power of Attorney Is Required

Learn why the Supreme Court requires a Special Power of Attorney for pre-trial representation, and how lacking one can lead to default.

Clarification vs. Amendment: When a Final Judgment Can Still Be Explained

Philippine courts can clarify final judgments but not amend them. Learn the distinction from Spouses Mahusay vs. B.E. San Diego, Inc.

Real Property Tax: Who Is the Actual User in a BOT Agreement?

Philippine Supreme Court ruling on real property tax exemption under a Build-Operate-Transfer agreement and who qualifies as actual user.

Exterior vs Interior Contract Interpretation and Obligations in Philippine Law

Supreme Court rules on contract interpretation: plain meaning controls unless ambiguity exists, and obscurity cannot favor the drafting party.

Demurrage in Philippine Shipping: Consignee Duties and Avoiding Penalties

Philippine law holds consignees liable for demurrage when cargo is not claimed promptly. Learn the rules and practical steps to avoid penalties.

Burden of Proof in Insurance Claims: Insurers Must Prove Policy Exclusions Apply

When an insurer denies a claim citing a policy exclusion, Philippine law requires the insurer to prove the exception applies—mere suspicion is not enough.

When Does the Clock Start? Prescription Periods for Hidden Contract Breaches in the Philippines

Philippine Supreme Court ruling clarifies when the prescriptive period begins for hidden breaches of contract, protecting buyers who rely on seller representations.

Enforcing Time Limits: Carrier Liability Hinges on Timely Notice of Cargo Damage

Timely written notice of cargo damage is a condition precedent to suing a carrier. The Supreme Court explains why in Federal Express v. American Home Assurance.

Pre-Trial Stipulations Enforceability and Binding Effect on Parties

How stipulations made during pre-trial bind parties and the court, with rules on enforceability under Philippine procedure.

Rescinding a Land Sale in the Philippines: Why a Letter Is Not Enough

Philippine law requires a judicial or notarial act to rescind a sale of immovable property—even with an automatic rescission clause.

Leasehold Improvements in the Philippines: Rights of Lessors and Lessees

Learn how Philippine law treats leasehold improvements, when Article 1678 applies, and why contract stipulations usually prevail over default rules.

Credit Card Fraud Liability in the Philippines: What Ermitaño v. BPI Means for Cardholders

Philippine Supreme Court ruling on credit card fraud liability: cardholders who promptly report lost cards aren't liable for unauthorized charges.

Pre-Trial Orders Control Your Case: The Tiu v. Middleton Rule on Witness Exclusion

Pre-trial orders bind trial proceedings. Learn from Tiu v. Middleton why unnamed witnesses may still testify and how to protect your case.

Palpable Mistakes in Stipulations: Correcting Factual Errors in Philippine Courts

Philippine courts may correct factual errors in stipulations when made through palpable mistake, as shown in Atlas Consolidated Mining v. CIR.

Nationwide Reach of Replevin Writs: Jurisdiction and Enforcement in Philippine Courts

Philippine courts can enforce replevin writs nationwide. Learn how jurisdiction is determined and what it means for creditors and debtors.