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.
Barangay Election Protests: Finality of Decisions and Execution Pending Appeal
The Supreme Court clarifies the rules on execution pending appeal in barangay election protests, emphasizing finality and proper procedure.
Motion for Reconsideration: A Prerequisite Before Certiorari in Labor Disputes
Philippine National Bank v. Arcobillas: a party must file a motion for reconsideration with the NLRC before seeking certiorari from the Court of Appeals.
Appeal Denied: Understanding Timeliness and Binding Counsel in Philippine Law
A look at Mendiola v. Commerz Trading, where the Supreme Court clarified VAT liability and the binding effect of contractual stipulations between parties.
Ombudsman Decisions Stay Executory Pending Appeal: A Guide for Public Officers
Learn why Ombudsman dismissal orders remain immediately executory pending appeal, and how the Supreme Court protects the Ombudsman's enforcement powers.
Choosing the Right Appeal: Rule 41 vs. Rule 42 in Property Disputes
The Supreme Court clarifies when to use an ordinary appeal versus a petition for review in property cases, emphasizing the importance of the correct mode of appeal.
Finality of Ombudsman Decisions: Limited Judicial Review in Administrative Cases
A Supreme Court ruling clarifies the proper remedy for appealing Ombudsman decisions and the limits of judicial review in administrative cases.
Judicial Overreach Limits on Agrarian Reform Adjudicators and Due Process
A lawyer-adjudicator's suspension for issuing writs of possession before an appealed order became final, violating due process and DARAB rules.
Court Personnel Neglect of Duty: When Delayed Case Records Trigger Administrative Liability
Philippine Supreme Court ruling on simple neglect of duty by court personnel who delayed transmitting appeal records, with penalties explained.
The Writ of Amparo and Enforced Disappearances: Accountability Beyond Criminal Guilt
The Supreme Court clarifies the writ of amparo's preventive and curative roles in enforced disappearance cases, emphasizing the duty to investigate.
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.
Presumptive Death Declarations: Proving Well-Founded Belief and the Right Remedy on Appeal
Learn the rules on judicial declaration of presumptive death under Article 41 of the Family Code, including the required proof and why such rulings are immediately final and executory.
Balancing Technical Rules and Justice When the Court of Appeals Must Review Cases on Merit
The Supreme Court clarifies that failure to attach all pleadings to a Rule 42 petition should not automatically result in outright dismissal.
Challenging Foreclosure When Courts Must Halt Mortgage Proceedings
When can courts dismiss appeals for incomplete attachments? Galvez v. CA clarifies the rules on foreclosure challenges and procedural compliance.
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.
Navigating VAT Refund Claims: Prescriptive Periods and Equitable Estoppel in Philippine Tax Law
Philippine Supreme Court clarifies the two-year prescriptive period for VAT refund claims and the mandatory 120-day waiting period before judicial appeal.
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.
Consumer Rights vs Electric Utilities: Supreme Court Upholds Damages for Breach of Compromise Agreement
Supreme Court rules electric cooperatives must honor compromise agreements, awarding damages to consumers for repeated billing harassment and disconnection threats.
Estafa and Erroneous Designation of Offended Party in Property Offenses
When a wrong name appears in an estafa charge, the accused's right to be informed may still be protected. Learn the rules.
Certiorari vs. Appeal: Choosing the Right Legal Remedy in the Philippines
The Supreme Court clarifies when to use certiorari versus appeal, and why pursuing both remedies simultaneously can be fatal to a case.
Beneficial Judgments Extending Leniency to Co-Accused in Criminal Conspiracy
When one co-accused wins a favorable ruling on appeal, the benefit can extend to others—even those who withdrew their appeal. Here's how.
Forum Shopping and Fair Play: Why Employers Cannot Raise New Defenses on Appeal
Supreme Court rules employers cannot raise lack of employer-employee relationship for the first time on appeal after actively participating in labor proceedings.
Support Pendente Lite Orders Are Interlocutory: When Can They Be Appealed?
Philippine Supreme Court clarifies that support pendente lite orders are interlocutory and not appealable, explaining the proper remedy under Rule 65.
Balancing Justice and Procedure When Attorney Negligence Threatens a Client's Appeal
The Supreme Court clarifies when courts may relax procedural rules, holding that a counsel's ordinary negligence binds the client and cannot justify a late appeal.
Standing to Sue: Why Private Complainants Cannot Appeal Criminal Dismissals Alone
Philippine Supreme Court ruling on why private complainants lack legal standing to appeal criminal case dismissals without the Solicitor General.