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 454 articles for discretion

Certiorari Not a Substitute for Lost Appeal: Lessons from Republic v. Yang Chi Hao

The Supreme Court reminds litigants that certiorari cannot replace a lost appeal, even in naturalization cases where the government seeks to question a trial court's ruling.

Forfeiture of Retirement Benefits for Serious Misconduct: Due Process in Termination Cases

Supreme Court ruling on when employers may forfeit retirement benefits for serious misconduct and what due process requires in termination.

Probate Appeals and Executor Disqualification: Lessons from the Marcos Estate Case

The Supreme Court clarifies appeal rules in probate cases and when a criminal conviction disqualifies an executor for moral turpitude.

Prosecutors Discretion in the Philippines: When Courts Can Intervene

When can courts review a prosecutor's or the Ombudsman's decision? The Supreme Court explains the limits of judicial intervention.

Mootness in Election Contests: When Expiration of Term Ends the Legal Fight

Expiration of an elective office's term can render an election contest moot. Learn the rule from Baldo v. COMELEC.

Falsification of Public Documents and Suspension Pendente Lite Under Anti-Graft Law

Explains when public officers may be suspended pendente lite for falsification of public documents involving fraud upon government funds.

Horse Racing Regulation: Philracom's Power to Ensure Fair and Safe Races

The Supreme Court upholds Philracom's authority to issue rules and directives for the horse racing industry, including measures to eradicate Equine Infectious Anemia.

Upholding Comelec Discretion in Pre-Proclamation Controversies

The Supreme Court affirms Comelec's broad discretion in dismissing pre-proclamation disputes, emphasizing limited scope of review and proper remedies.

Material Misrepresentation in a COC: When a False Statement Can Nullify an Election Win

A false statement in a Certificate of Candidacy on a material qualification can cancel a candidacy and nullify an election victory, as Velasco v. COMELEC shows.

Mandamus and Manila Bay Cleanup: Defining Ministerial Duties in Environmental Protection

The Supreme Court ruled that government agencies can be compelled by mandamus to clean up Manila Bay, defining environmental duties as ministerial.

Proportionality in Employee Discipline: When Is Dismissal Too Harsh?

Philippine Supreme Court ruling on when dismissal is too harsh a penalty for workplace policy violations, explained in plain language.

Peace vs. the Constitution: Delineating Executive Power in Ancestral Domain Agreements

The Supreme Court ruled the MOA-AD unconstitutional, limiting the executive's power to bind the state in peace agreements.

Upholding Workers Rights Illegal Dismissal AND THE Limits OF Corporate Discretion IN Labor Disputes

Supreme Court affirms illegal dismissal ruling against Purefoods for union busting, clarifies corporate procedural rules in labor disputes.

Injunctions in Ejectment Cases: Balancing Property Rights and Public Service

When can an ejectment judgment be stayed? City of Naga v. Asuncion shows how courts balance property rights against disruption of public services.

Bouncing Checks and Iniquitous Interest: When a Civil Case Cannot Stop a Criminal Prosecution

Learn when a dispute over unconscionable interest rates can—and cannot—suspend criminal prosecutions for bouncing checks under BP 22.

Safeguarding Public Trust: Preventive Suspension and Unexplained Wealth in Public Office

The Supreme Court clarifies when the Ombudsman may preventively suspend public officials facing charges of dishonesty and unexplained wealth.

When a Sheriff's Excuses Fail: Dereliction of Duty in Philippine Courts

A deputy sheriff's repeated failure to serve court processes leads to one-year suspension, clarifying standards of diligence for court personnel.

Certiorari vs Appeal: Choosing the Proper Remedy in Philippine Law

Philippine Supreme Court explains why appeal and certiorari are mutually exclusive remedies, and why procedural rules matter in extraordinary actions.

Determining Just Compensation in Agrarian Reform: Balancing Legal Factors and Fair Valuation

Philippine Supreme Court clarifies how courts should determine just compensation for agrarian reform lands under R.A. 6657 and DAR formula.

Forum Non Conveniens in the Philippines: When Courts Keep Jurisdiction Despite Foreign Elements

Philippine courts can hear cases with foreign elements; a choice-of-law clause does not automatically strip them of jurisdiction.

Medical Certificate Authentication: Proving Physical Injuries in Philippine Courts

Learn how Philippine courts treat medical certificates as evidence, why authentication matters, and what Postanes v. People teaches litigants.

Corporate Rehabilitation, Foreclosure, and Judicial Independence: Key Lessons from Rombe Eximtrade

A Supreme Court ruling clarifies when courts may issue injunctions against foreclosure after a rehabilitation case is dismissed.

When Courts Won't Second-Guess the Ombudsman's Dismissal of Graft Complaints

The Supreme Court affirms the Ombudsman's wide discretion in dismissing graft complaints, limiting judicial review to grave abuse of discretion.

Delaying Tactics Unveiled: Repeated Motions to Quash in Criminal Proceedings

The Supreme Court rules that repeated motions to quash and inhibit judges are delaying tactics that impede justice.