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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When Sheriffs Refuse to Execute Writs: Dereliction of Duty and the Ministerial Nature of Enforcement
A sheriff's refusal to implement a final writ of execution constitutes dereliction of duty, as explained in this administrative case against a Clerk of Court.
Court Clerk Fined for Neglecting Ministerial Duty to Enforce Writs of Execution
Philippine Supreme Court holds court clerks and sheriffs must enforce writs with dispatch; refusal based on personal doubts is dereliction of duty.
Constructive Dismissal When Employer Actions Force Employee Resignation 2
Constructive Dismissal When Employer Actions Force Employee Resignation
Understand constructive dismissal in Philippine labor law, when employer actions force resignation, and the burden of proof on employers.
Balancing Property Rights and Law Enforcement: The Release of Seized Goods in Intellectual Property Cases
Philippine Supreme Court ruling on the release of seized goods in IP cases, balancing property rights and law enforcement.
Enforcing Foreign Judgments in the Philippines: Jurisdiction and Due Process
Philippine Supreme Court clarifies when a foreign court's default judgment is enforceable locally, focusing on service of summons and due process.
Can Established Companies Be Forced to Rehire Former Employees? What Philippine Law Says
Philippine law does not force companies to rehire former employees. This article explains reinstatement rules, illegal dismissal remedies, and practical guidance.
Forced Resignation vs Voluntary Retirement: Protecting Employee Rights in Dismissal Cases
The Supreme Court ruled that a worker who signed a retirement notice and quitclaim under company pressure was illegally dismissed, not voluntarily retired.
Unjust Vexation Mayors Cannot Enforce Laws BY Depriving Citizens OF Livelihood Without DUE Process
Attorney's Fees in Estate Proceedings: Mandamus Not a Remedy When Fees Are Redetermined
When a probate court redetermines attorney's fees, a prior writ of execution is superseded, and mandamus cannot compel its enforcement.
SEC Retains Power to Execute Decisions in Pending Intra-Corporate Cases
Supreme Court rules the SEC may enforce its final decisions in intra-corporate cases retained under Section 5.2 of the Securities Regulation Code.
Warranty Against Eviction: Why Buyers Must Implead the Seller in Eviction Suits
Buyers who lose property to third-party claims must implead the seller in the eviction suit to enforce the warranty against eviction under Philippine law.
When Self-Defense Fails: Justifying Force in Lawful Duty Requires Reasonable Response
The Supreme Court clarifies when self-defense and performance of official duty justify killing, and why both failed for PNR security officers.
Rape, Silence, and the Burden of Proof: Lessons from People v. Magallones
The Supreme Court clarifies that a rape victim's silence or lack of physical resistance does not negate force or intimidation.
Mortgage Foreclosure: Why Stipulated Notice Requirements Matter in Real Estate Contracts
Philippine Supreme Court ruling on extrajudicial foreclosure: stipulated notice requirements in mortgage contracts are mandatory and enforceable.
When Court Orders Are Enforced: Liability of Judges and Sheriffs in Demolition Cases
Explaining when judges and sheriffs can be held administratively liable for enforcing writs of demolition, based on a 2006 Supreme Court ruling.
Judicial Approval of Compromise Agreements: Enforcement and Jurisdiction
When a court approves a compromise agreement, it becomes a judgment enforceable by execution in the same case, not by a new lawsuit.
Condominium Assessments: Lien Enforcement and Priority in the Philippines
Learn how condominium assessment liens work in the Philippines, including registration requirements, priority rules, and enforcement limits under the Condominium Act.
Usury Law and Contractual Obligations: Striking the Balance in Loan Agreements
The Supreme Court clarifies how the Usury Law interacts with loan restructuring, refinancing, and the binding force of contracts in DBP v. CA.
Beyond Resignation: Constructive Dismissal and Harassment Claims in Philippine Labor Law
When does a resignation become constructive dismissal? The Supreme Court clarifies the rules on forced resignation and workplace harassment claims.
Insufficient Information and Waiver of Rights in Philippine Rape and Lasciviousness Cases
Can a rape conviction stand if the information omits force and intimidation? People v. Candaza explains waiver under the omnibus motion rule.
Finality of Judgments in Disbarment Cases: Lessons from Bihag v. Era
The Supreme Court enforces final disbarment orders through execution and contempt, underscoring the doctrine of finality of judgment.
Execution Pending Appeal in the Philippines: When Can a Judgment Be Enforced Immediately
Philippine Supreme Court explains when execution pending appeal is allowed and why "good reasons" must be compelling, not merely convenient.
No-Spouse Policies in the Philippines: What the Star Paper Ruling Means
Philippine employers cannot enforce no-spouse rules without clear business necessity. The Star Paper ruling explains why.