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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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Showing 7681–7704 of 25,387 articles

Forcible Entry Proof: Prior Physical Possession Is Key to Ejectment

Philippine Supreme Court clarifies that in forcible entry cases, proof of prior physical possession, not mere ownership, is essential.

Assignment of Contractual Rights: Consent Requirements and Third Party Obligations in Philippine Law

Philippine Supreme Court clarifies when contractual assignment binds the debtor and when assignee consent is required under Civil Code.

Novation Requires Clear Creditor Consent Protecting Banks IN Debt Assumption Cases

Philippine Supreme Court ruling on debt assumption, assignment of credit, and the need for creditor consent under Civil Code.

Notarial Negligence and Lawyer Accountability: Lessons from Heirs of Alilano v. Atty. Examen

A lawyer's notarial duties are personal and cannot be delegated. Learn what two-year suspension means for notarial practice in the Philippines.

Redemption of Foreclosed Property: Full Payment Required, Good Intent Not Enough

Philippine Supreme Court clarifies that redeeming a foreclosed property requires full payment of the redemption price within the one-year period, not just partial payments or good intentions.

Grave Abuse of Discretion When Courts Fail to Justify Denial of Preliminary Injunction

The Supreme Court rules that a court commits grave abuse of discretion when it denies a preliminary injunction without stating its factual and legal bases.

Redemption Rights and Bank Foreclosures: What GE Money Bank v. Spouses Dizon Teaches Us

Partial payments during the redemption period do not perfect a mortgagor's right to redeem foreclosed property, unless the bank's conduct clearly induces reliance.

Redemption of Foreclosed Property: Full Payment Within Period Is Required

Partial payments during the redemption period do not constitute valid redemption; full tender of the redemption price is required.

Lawyer Suspended for Non-Payment of Debt: Ethical Standards for Attorneys

A lawyer's deliberate failure to pay a just debt constitutes gross misconduct warranting suspension from the practice of law under Rule 1.01.

Possession Trumps Ownership: Upholding Conviction for Illegal Firearms Based on Control, Not Title

Philippine Supreme Court clarifies that illegal possession of firearms requires control, not ownership. Conviction upheld on constructive possession.

Self-Defense and Double Jeopardy: Key Lessons from People v. De Leon

The Supreme Court's ruling in People v. De Leon clarifies the strict requirements for self-defense and the absolute protection against double jeopardy in Philippine criminal law.

Reasonable Doubt in Robbery Cases: Insufficient Proof of Threat Leads to Acquittal

Supreme Court acquits robbery convict where prosecution failed to prove intimidation beyond reasonable doubt. Learn the rules.

Upholding Client Trust Attorney Suspended FOR Neglect AND Misuse OF Funds IN THE Philippines

A lawyer who fails to file a case and refuses to return client money faces one-year suspension. Learn the rules on client funds.

When Public Interest Meets Private Contracts: The SM Land v. BCDA Ruling on Development Projects

The Supreme Court ruled that government agencies cannot cancel accepted unsolicited proposals by invoking public interest, upholding contractual obligations.

Upholding Stockholder Rights Jurisdiction In Intra Corporate Disputes Involving Sequestered Entities

The Supreme Court clarifies that intra-corporate disputes involving sequestered firms belong to the RTC, not the Sandiganbayan.

Counsel's Receipt of Motion for Execution as Notice of Decision: Due Process Implications

When a counsel receives a motion for execution referencing a decision, that receipt can serve as effective official notice of the decision, even without formal service.

How Appeals Affect Preliminary Attachments: Jurisdiction and Ancillary Remedies

When a main case is appealed, the trial court loses jurisdiction over the attachment. Learn the rule from Northern Islands v. Garcia.

Upholding Integrity: Attorney Liability for Notarial Register Errors in the Philippines

Philippine Supreme Court holds notary public liable for erroneous notarial register entries, stressing the duty to record every notarial act accurately.

Passion's Lingering Flame: Redefining Mitigating Circumstances in Homicide Cases

The Supreme Court clarifies that passion and obfuscation may build over time, not just in the heat of the moment, reducing murder to homicide.

Theft or Mistake: Gauging Intent in Employee Dismissal Cases

Philippine Supreme Court ruling on when an employee's taking of company property constitutes theft justifying dismissal, and when it is merely a mistake.

Understanding Documentary Stamp Tax on Trust Agreements: Insights from a Landmark Philippine Case

A Philippine Supreme Court ruling clarifies when documentary stamp tax applies to trust agreements and the evidence needed for tax refund claims.

Election Law Defining Transfer and Safeguarding Management Prerogatives During Election Periods

The Supreme Court clarifies what counts as a prohibited transfer during election periods, balancing COMELEC rules with management prerogatives.

Judicial Accountability: When Is a Collegiate Court Justice Liable for Undue Delay?

The Supreme Court acquitted three Court of Appeals justices of undue delay, clarifying that liability follows the division that actually decides a case, not the one that inherited it.

COA Auditors Barred From Agency Benefits: Nacion v. COA

Supreme Court affirms COA's discipline of auditor who received bonuses, housing, and car loans from audited agency MWSS.