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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 15889–15912 of 25,393 articles

When Can a Lawyer Be Disciplined? No Prescription for Attorney Misconduct

The Supreme Court strikes down the IBP's two-year prescription rule, affirming that lawyer misconduct can be disciplined anytime.

CBA Provisions ON Retirement Management Prerogative VS Union Busting

Navigating Philippine Courts: Forum Shopping and the Writ of Prohibition

Understand the Supreme Court's ruling on forum shopping, the writ of prohibition, and judicial hierarchy in Montes v. Court of Appeals.

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.

Counterclaims and Forum Shopping: Why No Certification Is Needed for Defenses

Learn when a forum shopping certification is required in Philippine civil cases—and why counterclaims and defenses are exempt under the rules.

Attorney Negligence: Failing to File a Pre-Trial Brief in the Philippines

When a lawyer's failure to file a pre-trial brief leads to case dismissal, the Supreme Court may impose disciplinary sanctions. Learn the rules.

Unlawful Detainer vs Forcible Entry: Key Differences in Philippine Ejectment Cases

Learn the key differences between unlawful detainer and forcible entry in Philippine ejectment cases, and why the right cause of action matters.

Writ of Prohibition in Philippine Courts: Protecting Rights From Court Overreach

Learn how the Supreme Court defines the proper use of prohibition writs and protects non-parties from court orders exceeding jurisdiction.

The High Cost of Dishonesty: Falsifying Credentials in Philippine Government Service

Learn how the Supreme Court penalizes falsified credentials in government service, and what this means for public officials and employees.

Injunctions and Property Disputes: Understanding Court Jurisdiction in the Philippines

Learn how Philippine courts handle property disputes, injunctions, and jurisdiction—key lessons from Republic v. La'o.

Documentary Stamp Tax on Pawnshop Pledges: A Clear Guide

The Supreme Court confirms pawnshop pledges are subject to documentary stamp tax under the National Internal Revenue Code. Learn the rules.

When a Lawyer's Negligence Leads to Suspension: The Adecer v. Akut Case

A lawyer who misses the deadline for filing a client's petition for probation faces administrative liability, even if the client was also negligent.

Conjugal vs Paraphernal Property: Protecting Marital Assets in the Philippines

Learn how Philippine courts distinguish conjugal from paraphernal property and why spouses cannot use conjugal assets to pay personal debts.

David v. Arroyo: The Supreme Court on Presidential Powers and Civil Liberties

A landmark ruling on how the President's emergency powers under the Constitution must yield to fundamental civil liberties.

DARAB Jurisdiction Covers Agrarian Disputes Beyond Landlord-Tenant Relationships

Supreme Court clarifies DARAB jurisdiction extends to all agrarian disputes, including joint production agreements under CARP, not just traditional landlord-tenant cases.

Managerial Staff vs Regular Employees: Overtime Pay and Labor Standards in the Philippines

Philippine Supreme Court explains why managerial staff, like regular employees, are exempt from overtime pay and other labor standard benefits.

Missed Deadlines, Lost Liberty: When Lawyer Negligence Costs Clients Their Freedom

A lawyer's missed 15-day deadline cost clients their liberty. The Supreme Court suspends Atty. Akut for six months for negligence.

Preliminary Injunctions in Foreclosure Cases: Protecting Your Property Rights

Learn how the City of Caloocan v. Gotesco case clarifies the rules on preliminary injunctions and forum-shopping in property disputes.

Attorney Negligence in the Philippines: Upholding Client Trust and Diligence

A lawyer's failure to file a memorandum and return a client's money order leads to reprimand, reaffirming duties of diligence and fidelity.

Valid Service of Summons on Corporations: Lessons from Aboitiz International Forwarders

Philippine Supreme Court clarifies when service of summons on a corporate employee is valid and binds the corporation.

Court Dismisses Administrative Complaint Against CA Justice Over TRO Issuance

Supreme Court clarifies when ex parte TROs are proper and why administrative complaints are not substitutes for judicial remedies.

Service of Summons on Corporate Employees: What Aboitiz v. PCIC Teaches About Jurisdiction

The Supreme Court clarifies when service of summons on a corporate employee is valid and why a Rule 38 petition for relief is not a substitute for appeal.

Lawyer Reprimanded for Neglect: Pontevedra and a Client's Money Order

The Supreme Court reprimanded a lawyer who failed to file a required memorandum and kept a client's money order, underscoring a lawyer's duty of diligence and trust.

Attorney's Fees in Estate Settlement: When Can Lawyers Directly Claim From the Estate?

Learn when lawyers may directly claim attorney's fees from an estate in the Philippines, based on Supreme Court rulings and estate settlement rules.