Proving medical malpractice

A medical malpractice case against a doctor is a generic term for what may technically be an administrative complaint, a civil suit for damages (under Article 2176 of the Civil Code),  a criminal case (under Article 365 of the Revised Penal Code), or all three. How is medical malpractice proven? Conversely, how does a doctor defend … Continue reading Proving medical malpractice

Can a foreigner inherit land in the Philippines?

There are many possible variations of this theme. An exhaustive dissertation of all of them would take volumes. This article will discuss one particular, common scenario. In this scenario, a foreigner spouse is married to a Filipino. The Filipino owns land in the Philippines. Let's assume there are no children, mutual or otherwise, involved. Philippine law prohibits a foreigner … Continue reading Can a foreigner inherit land in the Philippines?

Partial default in a case with multiple defendants

What if, in a case filed against multiple defendants, one defendant does not file his Answer but his co-defendants file theirs? Can a defendant who failed to file his own Answer be declared in default even if Answers were filed by his co-defendants? Yes. The applicable rule is Section 3 of Rule 9 of the Rules of Court. At the outset, it must be … Continue reading Partial default in a case with multiple defendants

Potestative conditions in contracts

The law on obligations and contracts allows to the parties of an agreement a wide latitude in the terms they set among themselves. Art. 1306. The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. (1255a) But … Continue reading Potestative conditions in contracts

Mere denial and alibi are weak defenses

Someone accused of a crime before the Court should base her defense on more than merely denying the charges or claiming to be somewhere else when the crime occurred. These are often not strong enough to be reliable legal defenses. The Supreme Court  has many, many decisions ruling that mere denial and alibi are weak defenses that cannot prevail … Continue reading Mere denial and alibi are weak defenses