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 241264 of 757 articles for abuse of discretion

Supreme Court: Selling Pirated Software Alone Is Copyright Infringement

The Supreme Court rules that merely selling pirated software constitutes copyright infringement under PD 49, reversing the Court of Appeals' restrictive reading.

Reinstatement Orders of Voluntary Arbitrators Are Immediately Executory—Even Pending Appeal

The Supreme Court confirms that reinstatement orders by Voluntary Arbitrators are immediately executory, even pending appeal, protecting workers' security of tenure.

Dispositive Portion Prevails When DOJ Resolution Body Conflicts With Fallo

When a DOJ resolution's body conflicts with its dispositive portion, the fallo controls. Learn the rule from Santiago v. Bello IV.

Forcible Entry, Heir Substitution, and Judgment Immutability in Property Disputes

When can heirs substitute a deceased party in a forcible entry case? The Supreme Court explains the limits of judgment immutability.

Motion for Reconsideration: When Strict Compliance Is Not Required in Philippine Courts

Philippine Supreme Court clarifies when a motion for reconsideration before the NLRC may be excused before filing certiorari.

Constructive Dismissal When a Transfer and Floating Status Become Illegal Termination

When do a transfer and floating status cross the line into constructive dismissal? The Supreme Court explains in ICT Marketing v. Sales.

Executive Judge’s Power to Act on Defective Judicial Inhibition Orders

SC clarifies that an executive judge may return a defective voluntary inhibition order to the judge, without usurping the Supreme Court’s sole power to reverse it.

Ombudsman's Probable Cause Discretion and Grave Abuse in Public Official Cases

Courts rarely interfere with the Ombudsman's probable cause findings unless grave abuse of discretion is clearly shown. This case explains the rule.

Bail and Illness: Balancing Liberty and Justice in Philippine Courts

The Supreme Court ruled that bail may be granted for humanitarian reasons, especially when an accused's health is fragile, even in non-bailable offenses.

Piercing the Corporate Veil: Limits of Personal Liability for Corporate Acts in the Philippines

Philippine Supreme Court clarifies when corporate officers may be held personally liable and why certiorari cannot replace a lost appeal.

Certiorari Not a Substitute for Appeal: Lessons from Nuque v. Aquino

The Supreme Court reiterates that certiorari cannot replace a lost appeal, and a motion for reconsideration is generally required before filing one.

Falsification of Private Documents: Where Venue Lies Under Philippine Law

Philippine Supreme Court clarifies that venue for falsification of private documents is where the falsification occurred, not where the document was used.

Unproven Claims When Government Contracts Lack Evidence Of Delivery

Supreme Court affirms COA denial of P63M textbook claim for lack of proof of delivery and appropriation.

Supreme Court Affirms Negligence Ruling in Subrogation Claim Over Vehicular Accident

SC affirms insurer's subrogation claim, holding driver negligent and owner vicariously liable for damages from a 2014 collision.

Probable Cause and Estafa: Balancing Judicial Discretion and Individual Rights in Criminal Arrests

Learn how the Supreme Court balances probable cause requirements and individual rights in estafa cases, from arrest to attachment.

Supreme Court Upholds JBC’s Power to Set Qualifications for Judges

The Supreme Court affirms the JBC’s authority to impose a five-year service requirement for judges seeking promotion to higher courts.

COA Auditors Barred From Agency Benefits: Nacion v. COA

Supreme Court affirms COA's discipline of auditor who received bonuses, housing, and car loans from audited agency MWSS.

Satisfaction of Judgment and the Right to Appeal: Navigating Mootness in Philippine Labor Law

When paying a labor award does not end the case: the Supreme Court clarifies the mootness doctrine in seafarer disability disputes.

Due Process and Administrative Investigations: The Limits of Certiorari

When can a government official question a show cause order through certiorari? The Supreme Court clarifies the limits of this remedy.

Suspension of Arraignment, DOJ Review, and the Right to Speedy Trial in Copyright Cases

Explaining when courts may suspend arraignment pending DOJ review and how delay affects the right to speedy trial in copyright infringement cases.

Intoxication and Consent: Examining the Boundaries of Rape in Philippine Law

Supreme Court ruling on when intoxication negates consent in rape cases, explaining the elements of rape and the burden of proof.

Speedy Trial Dismissal Is an Acquittal: Double Jeopardy and Finality in Criminal Cases

A dismissal for violation of the right to speedy trial is an acquittal that bars re-prosecution. Learn the rules and practical lessons from this case.

Pre-Trial Attendance Is Key: Consequences of Absenteeism in Philippine Courts

Philippine courts require strict compliance with pre-trial rules. Learn the consequences of absence and the rules on reconstitution of titles.

Sheriffs Must Follow Court Rules: Impartiality and Decorum in Serving Writs

A sheriff's failure to file timely returns and reliance on a party's computation led to suspension, underscoring judicial integrity.