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 337360 of 810 articles for motion

When Can Courts Dismiss a Case for Failure to Prosecute? A Land Registration Lesson

The Supreme Court clarifies the limited grounds for dismissing a case for failure to prosecute, using a land registration dispute as the backdrop.

Finality of Judgments: Repeated Motions for Reconsideration in Administrative Cases

Supreme Court warns against filing repeated motions for reconsideration in administrative cases, affirming the doctrine of finality of judgments.

Motion for Reconsideration Before Certiorari: The Novateknika Rule

Philippine courts require a motion for reconsideration before filing certiorari. Learn the rule, its exceptions, and why it matters.

When Can Government Agencies Represent Themselves? The Solicitor General's Exclusive Mandate

Explaining the Supreme Court ruling in Republic v. Cuizon on when government agencies may appear in court without the Solicitor General.

Balancing Due Process and Anti-Money Laundering: Freeze Orders and Property Rights

Supreme Court rules indefinite freeze orders violate due process; six-month extension limit applies under the Rule in Civil Forfeiture Cases.

Double Jeopardy and Speedy Trial Rights in the ASEAN Street Lighting Case

Explaining the Supreme Court's ruling on double jeopardy, speedy disposition, and amended informations in Braza v. Sandiganbayan.

Admonishing Delay in Executing Final Judgments: A Lesson for Judges

Sandiganbayan justices admonished for delaying execution of a final conviction, highlighting the ministerial duty to implement judgments promptly.

Theft in Telecommunications: Defining International Simple Resale and the Limits of Search Warrants

The Supreme Court clarifies that international simple resale constitutes theft under Philippine law and explains the rules on search warrants.

Blind Curves and Fault: When a Bus Driver’s Contributory Negligence Still Means Acquittal

Philippine Supreme Court clarifies proximate cause in blind-curve collisions, acquitting a bus driver whose negligence was only contributory.

Finality vs Justice: Reconciling Immutability of Judgments With Equitable Labor Standards

The Supreme Court clarifies when a final judgment can be reconsidered, balancing the doctrine of immutability with the rights of illegally dismissed employees.

Bad Faith in Unregistered Land Sales and Trust Disputes: Belle Corp. v. De Leon-Banks

When can a buyer of unregistered land be sued for bad faith? The Supreme Court clarifies pleading rules in trust and property disputes.

Revival of Judgment: When Does the Clock Start Ticking on Prescription in Civil Actions?

Learn when the 10-year prescriptive period for reviving a judgment starts and how interruptions affect the deadline, explained in plain language.

Venue in Civil Cases: Real Party in Interest's Residence Governs, Even for Plaintiffs Abroad

Philippine venue rules: when a plaintiff resides abroad, the case must be filed where the defendant resides—not where the attorney-in-fact lives.

Corporate Merger and Garnishment: Surviving Corporation's Liability for Pre-Existing Obligations

When banks merge, the surviving corporation inherits garnishment obligations of the absorbed bank. The Supreme Court explains why.

Forfeiture of Net Profits in Legal Separation: Protecting Children's Rights

Philippine Supreme Court clarifies forfeiture of guilty spouse's net profits in legal separation, protecting children's inheritance rights.

Defining Agrarian Disputes When Land Ownership Claims Fall Outside DARAB Jurisdiction

The Supreme Court clarifies that ownership disputes over land, absent tenurial arrangements, are not agrarian disputes and belong to regular courts.

Judicial Accountability: Judge Fined for Gross Ignorance of the Law Over Inaction on Pending Case

A judge was fined P10,000 for gross ignorance of the law after failing to act on a contempt petition for years, underscoring judicial accountability.

Contempt and Corporate Audits: The Boundaries of Court Orders and Stockholder Rights

The Supreme Court clarifies when court-ordered corporate audits and contempt citations stand—and when they become moot.

Misleading the Court and Defying Suspension Orders: A Lesson in Legal Ethics

A lawyer's suspension from practice is not a mere suggestion. Learn how the Supreme Court disciplined a lawyer for misleading the court and appearing while suspended.

Escheat Proceedings: Banks Must Notify Depositors Before Dormant Funds Are Transferred to the State

Philippine Supreme Court rules on banks' duty to notify depositors before dormant funds are escheated to the state, protecting depositor rights.

When Prescription Stops: Filing Complaints with Prosecutors Under Special Laws

The Supreme Court clarifies that filing a complaint with the prosecutor's office interrupts prescription for special laws like BP 22.

Court Employee Reprimanded for Disrespectful Conduct Toward a Judge

A Supreme Court ruling reminds court personnel that discourtesy toward judges violates the Code of Conduct and diminishes public trust.

Clarification vs. Amendment: When a Final Judgment Can Still Be Explained

Philippine courts can clarify final judgments but not amend them. Learn the distinction from Spouses Mahusay vs. B.E. San Diego, Inc.

When a Case Becomes Moot: The Stradcom v. Laqui Ruling on Preliminary Injunctions

The Supreme Court explains the moot and academic doctrine in Stradcom v. Laqui, showing how a preliminary injunction expires with the main case.