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.

Showing 217240 of 757 articles for motion

Upholding Ethical Conduct: Disciplinary Action for Abuse of Court Processes

The Supreme Court suspends a lawyer for two years for dilatory tactics that delayed execution of a final judgment, violating the Lawyer's Oath and Code of Professional Responsibility.

When Procedural Lapses Yield to Substantial Justice: Ben Line v. Madson

The Supreme Court ruled that procedural rules must yield to substantial justice when a party rectifies defects, as in Ben Line v. Madson.

Perpetual Disqualification and Material Misrepresentation in Election Candidacy

The Supreme Court ruled that filing a Certificate of Candidacy while under perpetual disqualification is material misrepresentation, voiding the CoC and making votes stray.

Insanity Plea Under Scrutiny: The Fine Line Between Confusion and Criminal Responsibility

The Supreme Court clarifies when confusion amounts to insanity exempting an accused from criminal liability, and when it does not.

Revival of Judgment: Why It Must Be Filed with the RTC, Not the Court of Appeals

The Supreme Court clarifies that actions to revive a judgment must be filed with the Regional Trial Court, not the Court of Appeals.

RA 10951 Retroactive Application: Modifying Malversation Penalties After Final Judgment

Explains Hernan v. Sandiganbayan, where the Supreme Court allowed RA 10951's favorable penalty reduction to apply even after final judgment in malversation cases.

Due Process Prevails: Cross-Examination Rights and the Consequences of Missed Notice

A Supreme Court ruling on why a labor arbiter cannot hold non-parties liable in an execution writ without due process and jurisdiction.

Bribery and Judicial Misconduct: Supreme Court Disbars Judge for Direct Bribery

The Supreme Court disbarred a judge convicted of direct bribery, affirming that corruption in the judiciary warrants the ultimate penalty.

Surrender of Title Broadening RTC Jurisdiction in Land Registration Disputes

The Supreme Court clarifies that Regional Trial Courts, as land registration courts, can hear contentious cases involving surrender of title under PD 1529.

Due Process Rights and Fair Notice in Administrative Cases: The Iglesias Ruling

The Supreme Court clarifies that administrative due process requires fair notice of charges, but valid original allegations can still support dismissal.

Striking a Balance: Upholding Agrarian Justice Without Sacrificing Procedural Rules

The Supreme Court reminds appellate courts that minor procedural lapses should not defeat the right to appeal, especially in agrarian cases involving social justice.

Partnership vs Estafa: When a Partner's Misappropriation Becomes a Crime

The Supreme Court clarifies when a partner's failure to account for funds crosses from civil liability to criminal estafa under Philippine law.

Protecting the Vulnerable: The Duty of Moral Ascendancy in Familial Rape Cases

How the Supreme Court affirmed a father's rape conviction, explaining why moral ascendancy replaces force in incestuous abuse.

Finality of DAR Orders: Due Process in Agrarian Reform Cases

Learn how the Supreme Court upholds the finality of DAR orders, the rules on land reclassification, and due process in agrarian reform.

Upholding Land Ownership: Technicalities Yield to Substantive Rights in Property Disputes

SC rules procedural lapses cannot defeat a registered owner's right to recover property from tolerated occupants.

Credit Card Debt Collection: Proving the Basis of Claims in Philippine Courts

Philippine Supreme Court ruling on credit card collection cases: creditors must prove the basis of claims, not just submit a statement of account.

Practicing Law While Suspended: No Automatic Return After Suspension Period

A lawyer suspended from practice cannot resume work until the Court formally lifts the suspension — even if the suspension period has already ended.

Third-Party Claims in Property Execution: PSALM v. Maunlad Homes Explained

Learn how Philippine law protects third-party property owners from wrongful levy during judgment execution, based on PSALM v. Maunlad Homes.

Piercing the Corporate Veil: Religious Affiliation and Shari'a Court Jurisdiction

Can a municipality be considered Muslim for Shari'a court jurisdiction? The Supreme Court says no, reversing a Shari'a District Court ruling.

Insanity as a Defense: Establishing Mental Incapacity in Criminal Proceedings

Understanding how Philippine courts assess insanity as a defense and what evidence is needed to establish mental incapacity in criminal cases.

Attorney Disbarment for Willful Disobedience Upholding Court Authority in the Philippines

Learn how the Supreme Court disciplines lawyers for willful disobedience, protecting court authority and the integrity of the legal profession.

When Counsel's Negligence Costs the Appeal: Lessons from Dimaandal v. Ilagan

A client is bound by counsel's mistakes unless gross negligence deprives them of due process. The Supreme Court explains the rule.

Upholding Child Protection: Parental Discipline vs. Child Abuse Under R.A. 7610

The Supreme Court clarifies the line between parental discipline and child abuse under R.A. 7610 in a case involving a guardian who burned a child with a flat iron.

Improper Levy Voids Execution Sale Protecting Due Process in Debt Recovery

Supreme Court rules labor tribunals cannot hold corporate officers liable without summons, voiding execution sales against them.