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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 8713–8736 of 25,388 articles

Writ of Possession in Foreclosure: Ministerial Duty vs. Third-Party Claims

When is a writ of possession ministerial and when can third-party claims block it? The Supreme Court clarifies in Marquez v. Alindog.

Clerks of Court and Simple Neglect of Duty: The Migriño Case on Delayed Execution

The Supreme Court held a Clerk of Court liable for simple neglect of duty for delays in scheduling and executing a final judgment, affirming that court personnel must act with diligence.

Clerks of Court and the Rule on Exhaustion of Administrative Remedies in Reassignment Cases

A reassignment order in government service must be challenged through administrative remedies first. The Supreme Court explains why.

Presumption of Marriage Overcomes Lost Records in Philippine Law

Philippine Supreme Court ruling on how lost marriage records affect proof of marriage, presumption of marriage, and bigamy claims.

Treachery and Conspiracy in Philippine Murder Cases: What the Supreme Court Said

A 2014 Supreme Court ruling explains how treachery and conspiracy establish guilt in murder cases. Learn the rules and practical takeaways.

Certiorari as a Remedy: Challenging Small Claims Court Decisions in the Philippines

Can a final small claims decision be challenged? The Supreme Court clarifies when certiorari under Rule 65 is the proper remedy.

Upholding Public Trust Accountability for Misappropriated Court Funds and Neglect of Duty

Court personnel who mishandle judiciary funds face dismissal or suspension, as the Supreme Court reaffirms strict accountability for clerks of court.

Upholding Integrity in Public Service: Liability for Misappropriation of Court Funds

Supreme Court ruling on court personnel liability for fund misappropriation, neglect of duty, and dishonesty in public service.

Annulment of Judgment: When a Lawyer's Negligence Is Not Extrinsic Fraud

Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud for annulment of judgment under Rule 47.

Legal Compensation in Philippine Law: When Can Debts Be Offset?

Philippine law on legal compensation explained through a Supreme Court case on contingent obligations and when debts can be offset.

Annulment of Judgment: Extrinsic Fraud Must Be Caused by the Adverse Party

The Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud for annulment of judgment under Rule 47.

Writ of Possession in Foreclosure: Ministerial Duty of Courts Explained

Philippine Supreme Court clarifies the ministerial duty of courts to issue writs of possession in extrajudicial foreclosure, and the binding effect of prior judgments.

The Ministerial Duty Securing Property Possession After Foreclosure in the Philippines

Philippine Supreme Court clarifies a sheriff's ministerial duty to enforce writs of execution in ejectment cases and the limits of that duty.

VAT Refunds: Strict Compliance With the 120+30 Day Rule and Invoicing Requirements

Philippine Supreme Court clarifies the mandatory 120+30 day rule for VAT refund claims and invoicing requirements in Commissioner of Internal Revenue v. Toledo Power Company.

Extrinsic Fraud and Annulment of Judgment: What Litigants Must Know

The Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud, and explains the strict requirements for annulling a final judgment under Rule 47.

Family Code Compromise Rule: When Courts Cannot Dismiss Family Suits Motu Proprio

Supreme Court clarifies that failure to allege compromise efforts under Article 151 is a waivable defect, not grounds for motu proprio dismissal.

Compromise Agreements and Case Dismissal: Lessons from RCBC v. BDO

How parties in a long-running arbitration dispute ended their cases through compromise agreements, and what this means for Philippine litigation.

Staying Execution in Ejectment Cases: Perfecting Appeals and Supersedeas Bonds

Learn the three requirements to stay execution in ejectment cases: perfect appeal, post supersedeas bond, deposit rentals.

Buy-Bust Operations: Warrantless Arrests and the Chain of Custody Rule in Drug Cases

The Supreme Court acquits a drug suspect because police failed to preserve the chain of custody, explaining the rules on buy-bust operations and evidence.

Sheriff’s Duty on Expense Handling: Strict Compliance With Court Rules to Prevent Misconduct

A sheriff who demanded and received execution expenses without court approval or liquidation was suspended for conduct prejudicial to the best interest of the service.

VAT Refund Timeliness: Strict Deadlines for Appealing BIR Decisions

Philippine Supreme Court clarifies mandatory 120+30 day periods for VAT refund judicial claims, citing CBK Power v. CIR.

Burden of Proof in Seafarer Injury Claims: Proving Self-Inflicted Harm

A Supreme Court ruling clarifies when an employer can defeat a seafarer's disability claim by proving the injury was self-inflicted.

Untimeliness AND Unjust Enrichment Navigating Motions FOR Reconsideration AND Quantum Meruit

Just Compensation in Agrarian Reform: Courts Must Follow the DAR Formula

The Supreme Court clarifies that agrarian courts must apply Section 17 of RA 6657 and DAR AO 5-98 when fixing just compensation for expropriated land.