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 265288 of 757 articles for abuse of discretion

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.

Upholding Honesty Dismissal FOR Undisclosed Assets IN Philippine Public Service

The Supreme Court reinstates the dismissal of a DPWH official for failing to disclose assets in SALNs, reaffirming the duty of public servants to be transparent.

Missed Appeal Deadlines in Agrarian Cases: When Negligence Costs the Right to Appeal

The Supreme Court rules on missed appeal deadlines in agrarian disputes, explaining when a motion for reconsideration suspends the period and why certiorari cannot replace a lost appeal.

Prescription in Anti-Graft Cases: When Does the Clock Start Ticking?

The Supreme Court clarifies when the prescriptive period for Anti-Graft Act violations begins, using a behest loan case as the backdrop.

Judicial Conduct Upholding Impartiality AND Adherence TO Procedural Rules IN Court Proceedings

The Supreme Court reinstates NLRC dismissals, emphasizing strict compliance with procedural rules in labor appeals and the finality of judgments.

Navigating SEC Appeals: Understanding the Scope of Review and Due Process

The Supreme Court clarifies when appellate courts may relax procedural rules and the limits of certiorari review in labor appeals.

Surety Bonds and Execution Pending Appeal: What Lawyers Should Know

A Supreme Court ruling clarifies when execution pending appeal may run against a surety and how far the bond covers damages.

Execution Pending Appeal and Surety Liability: Lessons from Centennial Guarantee v. Universal Motors

Explaining when Philippine courts allow execution pending appeal and how a surety's liability on an injunction bond is limited.

No-Build Zones and National Permits: What Aquino v. Malay Means for Developers

The Supreme Court ruled that a DENR permit does not override local no-build zone ordinances. Here's what developers must know.

Residency Redefined: Upholding Election Results Despite Challenges to Candidate's Domicile

The Supreme Court clarifies residency rules for local candidates, upholding John Henry Osmeña's win as Toledo City mayor despite domicile challenges.

Upholding Search Warrants in Copyright Infringement Cases: Balancing Rights and Due Process

The Supreme Court clarifies when courts may quash search warrants in software piracy cases, and when they must uphold them.

Diplomatic Discretion vs Human Rights: Executive Power in International Claims

The Supreme Court affirms that the executive branch holds exclusive discretion over espousing international claims, even for human rights violations like those of Filipino comfort women.

Indirect Contempt and Due Process: Why Hearings Matter in Ejectment Cases

The Supreme Court explains when non-appearance at a preliminary conference justifies judgment without further hearing, and what this means for due process.

Partial Payment of Filing Fees in BP 22 Cases: The Supreme Court’s Ruling on Access to Justice

The Supreme Court allows complainants in multiple BP 22 cases to pay filing fees per case, ensuring access to justice.

Concubinage, Condonation, and the Ombudsman's Power: Key Lessons from Busuego v. Ombudsman

The Supreme Court clarifies when a wife's knowledge of infidelity amounts to condonation of concubinage, and affirms the Ombudsman's broad investigative powers over public officers.

Falsification of Public Documents: Balancing Expert Testimony and Due Process

A Supreme Court ruling clarifies how NBI expert reports and due process rights interact in falsification preliminary investigations.

Finality of Judgment and the Fresh Period Rule: Timely Appeals in Philippine Civil Procedure

Learn how the Supreme Court applied the fresh period rule and finality of judgment principles in Eserjose v. Allied Banking Corporation.

Possession Follows Ownership When a Writ of Execution Implies Possession of Land

Philippine Supreme Court ruling: a writ of execution may place a winning party in possession of land even if the judgment does not expressly say so.

Business Closure vs Illegal Dismissal: Navigating Employee Rights in the Philippines

When is a resignation forced? Learn how Philippine labor law distinguishes voluntary resignation from illegal dismissal, based on a Supreme Court ruling.

Constructive Dismissal: When Forced Resignation and Unpaid Wages Become Illegal Termination

Philippine Supreme Court ruling on constructive dismissal when an employer withholds work assignments to force resignation, and procedural rules that protect labor.

When Can the Ombudsman Issue Preventive Suspension: Safeguarding Public Trust

The Supreme Court clarifies the limits of the Ombudsman's preventive suspension power and when courts may intervene to protect public officials.

Attachment Liens Priority AND Protection IN Real Property Disputes

A prior attachment lien survives title cancellation and transfers, binding the property and subsequent purchasers until the debt is paid.

Safeguarding Independence: Presidential Disciplinary Power Over Deputy Ombudsman Declared Unconstitutional

The Supreme Court strikes down Section 8(2) of RA 6770, affirming the Ombudsman's constitutionally guaranteed independence from presidential disciplinary control.