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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Appeal vs Certiorari: Choosing the Right Path for Legal Recourse in the Philippines
Learn when to file an appeal versus a certiorari petition under Philippine law, explained through the Supreme Court's ruling in Andalis v. Court of Appeals.
Certiorari Cannot Substitute for a Lost Appeal in Factual Review Cases
Supreme Court clarifies certiorari cannot replace appeal; default orders for repeated pre-trial absences upheld.
Retroactive Application of Procedural Rules Clarifying Timelines for Certiorari Petitions
Philippine Supreme Court clarifies retroactive application of procedural rules and timelines for certiorari petitions in administrative case against RTC judge.
Quizon v. Court of Appeals: Direct Contempt, Mootness, and the Limits of Certiorari
Explaining the Supreme Court's ruling in Quizon v. Court of Appeals on direct contempt, mootness, and why certiorari was not the proper remedy.
When Can You Challenge an Order Denying a Motion to Dismiss? The Caballes Case
The Supreme Court explains why an order denying a motion to dismiss is interlocutory and cannot be questioned via certiorari.
Certiorari vs Appeal: Choosing the Correct Remedy Against Government Decisions
The Supreme Court reminds litigants that certiorari cannot replace a lost appeal, and that the remedy against many agency decisions is a timely petition for review.
Double Jeopardy Acquittal AND THE Limits OF Certiorari IN Philippine LAW
Backwages Despite Just Cause Dismissal: When Procedure Matters in Labor Cases
Philippine Supreme Court ruling on backwages for employees dismissed for just cause but denied due process, and the limits of certiorari.
Retroactive Application of Procedural Rules Ensuring Timely Appeals in Philippine Courts
Philippine Supreme Court explains when procedural rules apply retroactively, allowing a late certiorari petition to proceed.
Exhaustion of Judicial Remedies Before Administrative Complaints Against Judges
Philippine doctrine: administrative complaints against judges for unjust judgments require prior exhaustion of judicial remedies like appeal or certiorari.
Certiorari Deadlines: When Does the 60-Day Clock Really Start
Philippine Supreme Court clarifies that orders executing final judgments are not appealable, and the 60-day certiorari period cannot revive settled cases.
Bank of America v. Litonjua: When Courts May Keep a Case Despite Foreign Ties
Explaining when Philippine courts may keep a case despite foreign connections, and why denial of a motion to dismiss is not appealable via certiorari.
Retroactivity of Remedial Laws: Clarifying the Period for Filing Certiorari Petitions
The Supreme Court clarifies when the 60-day period for filing certiorari petitions is counted, applying amended procedural rules retroactively.
Procedural Rigor vs Substantial Justice: Upholding the Rules of Certiorari
The Supreme Court reminds litigants that procedural rules, including Rule 65 requirements, cannot be ignored even in cases with substantial merit.
Substantial Compliance vs Strict Adherence: Certiorari Dismissal and Employer Liability in Illegal Dismissal
SC ruling on strict Rule 65 compliance for certiorari petitions, plus joint liability of corporate officers in illegal dismissal cases.
Attorney Negligence Failure to File Petition Leads to Suspension
A lawyer's failure to file a petition for certiorari within the reglementary period constitutes negligence warranting suspension from the practice of law.
Administrative Complaints Against Judges Must Wait for Judicial Remedies to Be Exhausted
Philippine Supreme Court clarifies that administrative complaints against judges cannot substitute for available judicial remedies like appeal or certiorari.
Missed Deadlines Dismissed Cases Understanding The Importance OF Timely Filing IN Philippine Courts
A Supreme Court ruling on the 60-day Rule 65 certiorari period shows why missed deadlines can end a case.
Dismissal for Procedural Lapse: The Importance of Stating Material Dates in Certiorari Petitions
Learn why failing to state material dates in a Rule 65 certiorari petition can lead to outright dismissal, as shown in Lapid v. Laurea.
Certiorari Dismissed: Grave Abuse of Discretion and Hierarchy of Courts in IP Disputes
Supreme Court clarifies that certiorari cannot correct errors of judgment, and direct resort to the Court violates the hierarchy of courts.
Certiorari Denied: Why the Wrong Appeal Mode Kills Your Case
Learn why the Supreme Court dismissed a petition for certiorari as a wrong remedy, and how choosing the right appeal mode matters.
When Police Officers Face Summary Dismissal: Due Process and the Limits of Extraordinary Remedies
A police officer's summary dismissal for extortion upheld despite dismissal of criminal case; certiorari and mandamus cannot substitute for appeal.
Certiorari Limits: SEC En Banc Can't Fix Attachment Errors in Partnership Disputes
The Supreme Court nullified SEC en banc orders discharging an attachment in a law partnership dispute, ruling certiorari only corrects jurisdictional errors.
Perfected Contracts and Presidential Approval: Clarifying the Boundaries in Philippine BOT Agreements
The Supreme Court clarifies when a BOT contract is perfected, the role of presidential approval, and why certiorari cannot substitute for a lost appeal.