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.
Get a cited, plain-language answer from 184,000+ statutes and decisions — free, no sign-up.
Reviving Legal Claims: The Supreme Court's Curative Approach to Certiorari Filing Periods
A 2000 ruling explains how curative amendments to Rule 65 restored a fresh 60-day period for filing certiorari after a motion for reconsideration is denied.
Motion to Dismiss Trap: Why Filing One Can Waive Your Right to Claim Damages in Philippine Courts
Learn how filing a motion to dismiss in Philippine courts can waive your right to claim damages, based on a Supreme Court ruling.
Fatal Motion Flaws: Notice of Hearing and Preserving Appeal Rights in Philippine Courts
A motion without notice of hearing is a "scrap of paper" that won't stop the appeal clock—learn the rules from PCIBank v. Court of Appeals.
Finality of Judgment and the Limits of Post-Decision Remedies in Disbarment Cases
A disbarred lawyer's belated motion to reopen his case fails before the doctrine of finality of judgment, earning him contempt and fines.
When Can a Trial Court Resolve a Motion to Quash a Search Warrant Issued by Another Court?
Philippine Supreme Court clarifies which court resolves a motion to quash a search warrant when the criminal case is pending in a different court.
Resolving Search Warrant Disputes: Which Court Has Jurisdiction to Quash
Learn which court resolves a motion to quash a search warrant when the issuing court differs from the court trying the criminal case.
Demotion vs Illegal Dismissal: Know Your Rights as an Employee in the Philippines
Understand when a demotion is legal, when it becomes constructive dismissal, and how abandonment claims work under Philippine labor law.
Due Process and Judicial Conduct: When Speedy Action Becomes Abuse of Authority
A judge who ruled on a motion before the scheduled hearing was fined for violating due process. Learn the rules on notice and hearing.
Protecting Electoral Integrity: When Delaying Tactics in Election Protests Fail
The Supreme Court rules that dilatory motions in election protests undermine the will of voters and will not be countenanced.
Judicial Accountability Timeliness AND THE Duty TO Resolve Motions Promptly
Motion for Reconsideration: A Necessary Step Before Certiorari
Acebedo Optical v. CA clarifies that a motion for reconsideration is required before filing certiorari, and explains limits on local government police power over business permits.
Finality of Dismissal: Why a "Without Prejudice" Order Still Becomes Final After the Appeal Period
A dismissal without prejudice is still a final order. After 15 days without appeal, it becomes final and executory, barring revival by mere motion.
Summary Procedure and Motions for Reconsideration: Scope of Prohibited Pleadings Clarified
A judge may validly act on a motion for reconsideration of a dismissal order in summary procedure cases, as clarified by the Supreme Court.
Motion for Reconsideration Under Summary Procedure: The Lucas Doctrine
When can a litigant file a motion for reconsideration under summary procedure? The Supreme Court clarifies the exception for dismissal orders.
Prescription and Quashal in Anti-Graft Cases: Domingo v. Sandiganbayan
The Supreme Court clarifies prescription periods, motion to quash standards, and speedy trial rights in Anti-Graft cases under RA 3019.
When Can a Motion to Dismiss Be Filed After Answer? Obando v. Figueras Explained
The Supreme Court explains when a motion to dismiss may be granted even after an answer is filed, and what happens when a party loses legal standing mid-case.
Motion to Dismiss in Philippine Courts: Understanding Failure to State a Cause of Action
Learn how Philippine courts handle motions to dismiss for failure to state a cause of action, and why proper service of summons matters.
Second Chances in Court: Motions for Reconsideration and Grave Abuse of Discretion in Philippine Appeals
Philippine Supreme Court ruling on the strict 15-day period for motions for reconsideration and the distinction between appeal and certiorari.
Motion for Reconsideration Deadlines and Jurisdictional Challenges in Philippine Courts
Philippine Supreme Court clarifies strict enforcement of motion for reconsideration deadlines and distinguishes certiorari from appeal in jurisdictional challenges.
Truth and Honesty in Legal Practice: Why Misleading the Court Can Lead to Suspension
A lawyer's false statement in a motion for postponement led to a six-month suspension. Learn the ethical rules on candor.
Demotion Disguised as Transfer: Understanding Constructive Dismissal in Philippine Labor Law
When is a transfer a demotion? The Supreme Court explains constructive dismissal, management prerogative, and employee rights in Blue Dairy v. NLRC.
Missed Deadline Dismissed Case Understanding THE 60 Day Certiorari Rule IN Philippine Labor Disputes
Learn how the 60-day certiorari rule works in Philippine labor cases, including how motions for reconsideration affect the deadline, from a Supreme Court ruling.
Illegal Dismissal and Early Retirement: Protecting Employees from Unjust Termination
The Supreme Court clarifies when a demotion becomes illegal dismissal and the rules on optional retirement under Philippine labor law.
Judicial Delay in the Philippines: When Inaction Becomes Actionable Misconduct
The Supreme Court clarifies when a judge's delay in resolving motions becomes administrative misconduct, using a Sandiganbayan case as the benchmark.