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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 17569–17592 of 25,393 articles

Restoring Possession After a TRO: Lessons from a Lawyer's Suspension

When a TRO is already enforced, seeking another restraining order to restore possession can be professional misconduct. Learn from this disciplinary case.

Appeals Ordinary vs Certiorari: Lessons From a Lawyer's Suspension

A lawyer's misuse of certiorari and a TRO led to suspension. Learn the difference between ordinary appeals and certiorari in Philippine courts.

Negligence of Counsel: When It Justifies Relief From Judgment

When does a lawyer's mistake excuse a client from an adverse ruling? Philippine courts balance diligence and fairness.

Civilian Supremacy Prevails Military Court Jurisdiction Limited By Service-Connected Offenses

Philippine Supreme Court clarifies military court jurisdiction is limited to service-connected offenses, upholding civilian court authority over non-military crimes.

Breach of Warranty: Proving Hidden Defects in Animal Feed Cases

Philippine Supreme Court ruling on what buyers must prove to claim breach of warranty for hidden defects in animal feed.

Perfecting Appeals THE Strict Timeline AND Exceptions IN Philippine LAW

A Philippine Supreme Court ruling explains the strict deadlines for appeals and the limited exceptions, guiding litigants on procedural compliance.

When Made TO Order Meets Buyer Beware Navigating Furniture Disputes

Judicial Overreach: When Courts Issue Injunctions Beyond Territorial Limits

Philippine Supreme Court disciplines judge for issuing injunctions beyond territorial jurisdiction, violating due process and contempt rules.

Perfecting Land Titles: Continuous Possession Since June 12, 1945 Required for Registration

Philippine Supreme Court clarifies that judicial confirmation of imperfect land titles requires open, continuous possession since June 12, 1945.

Contract Termination Unilateral Right NOT Implied Absent Express Agreement

Philippine Supreme Court ruling: a party cannot unilaterally terminate a contract unless the right is expressly stipulated or a substantial breach is proven.

Lawyer Suspended Six Months for Neglect and Failure to Return Client Funds

Supreme Court suspends lawyer for six months for failing to file a client's case and refusing to return P30,000 in fees.

Prescription in Graft Cases: When Does the Clock Really Start Ticking

Learn how Philippine courts determine when the prescriptive period for graft cases begins, based on recent Supreme Court rulings.

Upholding Candor: Attorney Suspended for Misleading Statements to the Court

A lawyer who filed a motion to withdraw citing workload, then swore he lied to hide judicial bias, was suspended one year for violating the lawyer's oath.

Executive Judges Cannot Overrule a Judge's Voluntary Inhibition

Supreme Court clarifies that executive judges lack authority to reverse a judge's voluntary inhibition, which is a judicial act reserved for the Court.

Loan Agreements and Legal Interest: Written Requirements and Civil Liability After Acquittal

Explaining Eusebio-Calderon v. People: why oral interest agreements are void, when acquittal still leaves civil liability, and the legal interest rules.

Court Employees Must Avoid Even the Appearance of Impropriety: Balajadia v. Gatchalian

The Supreme Court fined a court stenographer P3,000 for simple misconduct after she hinted at a "commission" in exchange for faster work.

Ombudsmans Discretion Evaluating Probable Cause IN Anti Graft Cases

Judicial Ethics When CAN A Judge BE Reprimanded FOR Lack OF DUE Care

Custodial Rights Under Forest Management Agreements and Confiscated Resources

Philippine Supreme Court ruling on who holds custody of confiscated forest products and conveyances under IFMA and DENR deputization.

Perfecting Contracts: Consent and the Statute of Frauds in Share Sales

A Supreme Court ruling explains when letters become a binding share sale contract and what the Statute of Frauds requires.

Why Bicycles Aren't Held to the Same Negligence Standard as Motor Vehicles

Philippine Supreme Court ruling explains why motorists face a higher duty of care than cyclists, and why a cyclist's ordinance violation doesn't automatically bar damages.

Upholding Banks Right TO Withhold Benefits FOR Employee Misconduct A Case OF DUE Process AND Corporate Ethics

Supreme Court clarifies separation pay rules for business closures, quitclaim validity, and payment by check under Philippine labor law.

Upholding Ethical Standards: Adultery as Grounds for Attorney Disbarment in the Philippines

The Supreme Court suspended a lawyer for cohabiting with a woman not his wife, reaffirming that good moral character is a continuing requirement for membership in the Philippine Bar.

Employee Misconduct and Due Process: When Can Separation Benefits Be Withheld

Philippine Supreme Court ruling on separation pay, quitclaims, and due process in authorized termination cases.