From the library

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.

Have your own question? Ask ASG Legal AI now.

Get a cited, plain-language answer from 184,000+ statutes and decisions — free, no sign-up.

Ask a question

Showing 241–264 of 420 articles for “discretion”

Probable Cause and Judicial Discretion: Examining the Dismissal of Rape Cases in the Philippines

The Supreme Court clarifies when a judge may dismiss a rape case for lack of probable cause, and when such dismissal constitutes grave abuse of discretion.

Dismissal of Appeal, Untenable Excuses, and the Boundaries of Judicial Discretion

When a lawyer's mistake costs a client the case, the Supreme Court explains the limits of relief from judgment and counsel's negligence.

When Prosecutors Must Be Compelled: Grave Abuse of Discretion in Criminal Cases

The Supreme Court clarifies when courts may compel prosecutors to include accused persons in an Information, explaining the limits of prosecutorial discretion.

Prosecutorial Discretion and Grave Abuse: When Courts Can Compel Criminal Prosecution

The Supreme Court clarifies when courts may override a prosecutor's dismissal of charges and compel the inclusion of accused persons in an Information.

Preliminary Injunctions: Why Courts Must Hear Both Sides Before Issuing One

Philippine Supreme Court ruling on when a judge commits grave abuse of discretion by issuing a preliminary injunction without letting the opposing party finish presenting evidence.

Upholding Corporate Governance: Limits of Stockholder Suits and Board Discretion

The Supreme Court clarifies when derivative suits may proceed and when courts must respect board discretion in corporate management.

When Can Courts Compel the Ombudsman to Prosecute? Mandamus Limits Explained

The Supreme Court clarifies that mandamus cannot compel the Ombudsman to file criminal charges, as prosecutorial discretion remains with that office.

Failure to Pay Appeal Docket Fees: When Courts May Reinstate an Appeal

Philippine Supreme Court clarifies that failure to pay appeal docket fees does not automatically dismiss an appeal; courts have discretion to reinstate.

Ombudsman's Discretion in Graft Cases: When Courts Step In

Explore how Philippine courts review Ombudsman discretion in graft cases, balancing prosecutorial independence with judicial oversight.

Missed Your Pre-Trial? Understanding When Philippine Courts Grant a Second Chance

Philippine courts rarely grant second chances after a pre-trial is missed. Learn the rules on when motions may be reconsidered and the limits of court discretion.

Judicial Discretion VS Executive Review Resolving Conflicts IN Criminal Prosecution

When Can a Prosecutor Dismiss Cases Without Ombudsman Approval? Soriano v. Marcelo

The Supreme Court clarifies when city prosecutors may dismiss cases against public officers without Ombudsman approval, and what constitutes grave abuse of discretion.

Certiorari Establishing Grave Abuse OF Discretion IN Labor Disputes

Presidential Approval and Contract Validity: Limits of Executive Power in Philippine Procurement

Philippine Supreme Court clarifies when presidential approval is required for government contracts and the limits of executive discretion in procurement.

The Ombudsman's Control Over Special Prosecutors: Limits on Prosecutorial Authority

Philippine Supreme Court ruling on the Ombudsman's authority over special prosecutors and the limits of prosecutorial discretion in criminal cases.

Limits on Delegated Authority: NPC Drivers and Mechanics Association v. NPC

When board members send alternates to vote, are their resolutions valid? The Supreme Court says no—discretion cannot be delegated.

Ombudsman Discretion in Preliminary Investigations: Limits of Judicial Review in the Philippines

The Supreme Court clarifies the scope of judicial review over prosecutorial findings in preliminary investigations, emphasizing the standard of grave abuse of discretion.

Probable Cause VS Parallel Importation Navigating Prosecutorial Discretion IN Pharmaceutical Cases

Certiorari Limits: When Factual Errors Do Not Justify Supreme Court Intervention

The Supreme Court clarifies that Rule 45 certiorari cannot correct mere factual errors, only grave abuse of discretion.

Motion to Defer Arraignment Denied: Understanding Grave Abuse of Discretion in Philippine Courts

When can a judge's refusal to postpone arraignment amount to grave abuse of discretion? The Supreme Court explains the limits of judicial discretion.

When a Teacher’s Grade Changes Become Illegal Dismissal: Academic Integrity vs. Discretion

A teacher who altered failing grades was dismissed, but the Supreme Court ruled the dismissal illegal—simple misconduct, not serious misconduct.

Preliminary Injunctions and Grave Abuse of Discretion: What Philippine Courts Require

Philippine Supreme Court clarifies when a judge's error becomes grave abuse of discretion, using a preliminary investigation case as guide.

Judicial Discretion vs Abuse: Understanding the Limits of Administrative Complaints Against Judges in the Phil

When can a judge's error become an administrative offense? The Supreme Court clarifies the line between judicial discretion and abuse.

Behest Loans and the Ombudsman's Discretion: When Courts Refuse to Intervene

The Supreme Court affirms the Ombudsman's dismissal of behest loan charges against DBP officials, underscoring the wide discretion given to the Ombudsman in determining probable cause.