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 313336 of 810 articles for motion

Incestuous Rape Conviction Upheld Despite Alleged Testimonial Inconsistencies

Supreme Court affirms rape conviction, ruling minor inconsistencies in victim testimony do not undermine credibility or the prosecution's case.

Attorney Accountability: Negligence in Handling a Client's Appeal and Ethical Responsibilities

A lawyer's failure to file an appeal brief on time leads to suspension, reinforcing the duty of diligence in legal representation.

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.

Counsel Substitution and Appeal Perfection: Procedural Pitfalls in Labor Disputes

A Supreme Court ruling on how improper counsel substitution and missing non-forum shopping certifications can doom labor appeals.

Formal Charges and Due Process in Philippine Administrative Law: The Salva v. Valle Ruling

Philippine administrative law requires a valid formal charge before dismissal. The Salva v. Valle ruling explains why.

Writ of Possession After Foreclosure: When the Surplus Must Be Returned

Philippine Bank of Communications v. Yeung clarifies when a writ of possession issues after foreclosure and how sale surpluses are handled.

Prescription and Laches in Deed of Sale Cases: Lessons from Sanchez v. Sanchez

When can a deed of sale be challenged in court? The Supreme Court clarifies the rules on prescription and laches in Sanchez v. Sanchez.

Judicial Clemency: Balancing Mercy and Public Trust in the Philippine Judiciary

The Supreme Court denies a former judge's plea for judicial clemency, reaffirming that remorse and reformation must be proven, not merely claimed.

Employer's Duty to Recall Employees After Six-Month Suspension of Operations

Philippine Supreme Court clarifies that a bona fide suspension of business operations beyond six months makes employee termination illegal unless workers are recalled.

Electoral Tribunal Jurisdiction: Proclamation Is the Decisive Factor in Election Contests

The Supreme Court clarifies that once a congressional candidate is proclaimed, the HRET, not the COMELEC, has sole jurisdiction over election contests.

Dismissal for Drug Use Upholding Integrity in the Judiciary

Supreme Court dismisses court employee for shabu use, ruling it grave misconduct that tarnishes the Judiciary's image and integrity.

Prescription Period for Ordinance Violations: Filing the Complaint vs. the Information

When does prescription run for ordinance violations? The Supreme Court clarifies whether filing a complaint with the prosecutor interrupts the period.

Secretary's Certificate as Proof of Corporate Authority in Philippine Litigation

Philippine Supreme Court clarifies when a secretary's certificate suffices to prove corporate authority to file pleadings, and the duties of plaintiffs in pre-trial.

Clarifying Final Judgments Ensuring TAX Refunds Reflect Court Intent

Learn how the Supreme Court clarified a final judgment's dispositive portion to include all tax refund cases, ensuring the court's true intent prevails.

Novation, Verification, and Real Party in Interest: Lessons from S.C. Megaworld v. Parada

Explaining when accepting third-party payments does not release the original debtor, and why procedural objections must be raised early.

Receivership: A Harsh Remedy That Requires Imminent Danger of Loss

The Supreme Court clarifies that receivership is an extreme remedy, requiring proof of imminent danger of loss, not mere financial need.

Words Matter: Simple Misconduct and the Limits of Free Speech for Public Servants

A Sandiganbayan security guard's vulgar outburst at co-workers was simple misconduct, not grave. The ruling clarifies free speech limits for public servants.

Academic Freedom and Ethical Standards: Selling Books to Students as Conduct Prejudicial to Service

A professor's sale of books to her own students was upheld as conduct prejudicial to service, clarifying limits of academic freedom.

Erosion of Public Trust: Dismissal for Graft and Corruption in the Judiciary

A process server's dismissal for soliciting money from litigants underscores the strict accountability of court personnel in the Philippines.

Salary Standardization Incumbency Determines RATA Entitlement

Philippine Supreme Court clarifies that RATA benefits under the Salary Standardization Law apply only to incumbents as of July 1, 1989.

Judicial Consignation: Paying a Loan When the Creditor’s Identity Is Unclear

When two entities claim the right to collect a debt, judicial consignation lets the debtor deposit payment in court and be released.

Perfecting Appeals Strict Compliance With Rules OF Court IS Mandatory

Learn how the Supreme Court ruled on writs of possession, third-party adverse claims, and strict procedural compliance in extrajudicial foreclosures.

Breach of Public Trust: When Dismissal in Government Service Fails Due Process

A Supreme Court ruling on why a government employee's dismissal for insubordination was void for violating due process requirements.

Jail Officers Negligence Defining Gross Misconduct in Public Service

Supreme Court ruling on when a jail officer's negligence and consent to a prisoner's escape constitutes gross misconduct in public service.