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 49 articles for waiver

Defective Tax Waivers: Supreme Court Voids BIR Assessment Against Telstar

Supreme Court voids BIR deficiency assessment against Telstar due to defective waivers and lack of demand for payment, reinforcing strict rules on prescriptive periods.

Abandonment in Agrarian Leaseholds: What Farmers and Landowners Must Know

The Supreme Court clarifies when a farmer's absence amounts to abandonment—and why notarized documents alone cannot end a leasehold.

Functional Immunity for International Organizations in the Philippines: The Westfall v. Locsin Guide

Learn how the Supreme Court's Westfall v. Locsin ruling defines functional immunity for international organization personnel in the Philippines.

Gym Liability in the Philippines: Negligence, Member Disclosure, and the Slimmers World Case

Who pays when a gym member suffers a medical emergency? The Supreme Court's Slimmers World ruling clarifies negligence, causation, and member responsibility.

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.

Forcing Title Surrender After a Property Sale: What the Law Says

Learn when courts can compel a certificate of title's surrender under the Property Registration Decree, and the key difference between its relevant provisions.

Defective Informations and Qualifying Circumstances: Lessons from People v. Pilen

The Supreme Court's ruling in People v. Pilen clarifies when defective Informations waive objections and how treachery is proven.

OFW Illegal Dismissal: Philippine Labor Laws Protect Workers Abroad

Philippine labor laws protect OFWs from illegal dismissal, even abroad. Learn the rules on retrenchment, due process, and remedies.

Homestead Patent vs. Implied Trust: Key Supreme Court Ruling on Land Disputes

The Supreme Court clarifies when an implied trust can override a homestead patent under the Public Land Act, and why the case was remanded.

Judicial Admission Can Prove Lack of Firearm License in Illegal Possession Cases

Supreme Court ruling: an accused's own admission in court can prove lack of a firearm license, without needing a PNP certification.

Dismissed Electric Cooperative GM Can't Claim Retirement: NEA Jurisdiction Ruling

Supreme Court affirms NEA's exclusive jurisdiction over electric cooperative GM retirement claims, forfeiting benefits upon valid dismissal.

Motion to Quash in Estafa Cases: Grounds, Waiver, and Double Jeopardy Explained

Learn the procedural rules on motion to quash in estafa cases, including waiver of grounds and double jeopardy, from a recent Supreme Court ruling.

Treachery in Murder Cases: Why a Heated Argument Can Downgrade the Crime to Homicide

The Supreme Court explains when a killing after a heated argument lacks treachery, reducing murder to homicide under Philippine law.

Naturalization in the Philippines: Strict Compliance Required, Even for Refugees

Philippine naturalization demands strict compliance with all legal requirements, as shown by a recent Supreme Court ruling denying a refugee's citizenship application.

Defective Vehicle Refund and Manufacturer Liability Under the Consumer Act

Supreme Court ruling clarifies consumer refund rights for defective vehicles and manufacturer liability under RA 7394, with administrative fines reinstated.

Voluntary Submission to Jurisdiction: Key Insights from the Jorgenetics Replevin Case

How a defendant's post-dismissal motions can cure defective service of summons and revive a replevin case, per the Supreme Court.

Lessee Reimbursement for Improvements: The Bermon Marketing Case

Learn when lessees can claim reimbursement for improvements under Article 1678 and how contract terms can waive that right.

Ante-Nuptial Agreements and Property Waivers: The Delgado v. GQ Realty Case

The Supreme Court's ruling in Delgado v. GQ Realty clarifies how ante-nuptial agreements can waive property rights, even for assets registered under a spouse's family corporation.

Executing a Labor Judgment Does Not Bar Certiorari: Due Process in Labor Disputes

Forced compliance with a writ of execution does not waive an employer's right to challenge a labor ruling via certiorari, the Supreme Court held.

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.

Quasi-Delict Claims Need No Reservation: Supreme Transport Ruling Explained

Philippine Supreme Court clarifies that quasi-delict counterclaims may proceed without reservation in criminal cases, subject only to the ban on double recovery.

Plagiarism in Academia: Supreme Court Upholds Dismissal of UE Professors for Misrepresentation

Supreme Court upholds dismissal of professors for plagiarism, misrepresentation, and breach of trust, clarifying stare decisis and waiver rules.

Custodial Investigation and Confessions in Qualified Theft: People v. Cabanada

When does a police interview become custodial investigation? People v. Cabanada clarifies Miranda rights and confession admissibility in theft cases.

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.