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 361384 of 762 articles for abuse of discretion

Local Government Officials and Legal Representation: Defining Government Instrumentalities

Supreme Court clarifies that government-owned or controlled corporations like NPC are "instrumentalities" under the Local Government Code, disqualifying sanggunian members from appearing as counsel ag

Grave Coercion in Property Takeovers: The Navarra Ruling Explained

The Supreme Court ruled that forceful property repossession, even with a debt claim, constitutes grave coercion under Philippine law.

Arraignment Delay Denied: Why Speedy Trial Rights Trump Second Motions for Reconsideration

Philippine Supreme Court clarifies when a second motion for reconsideration may be denied to protect the accused's right to speedy trial.

Certiorari as Remedy for Questioning Acquittal Based on Grave Abuse of Discretion

The Supreme Court clarifies when certiorari may question an acquittal and why errors of judgment remain barred by double jeopardy.

Grave Abuse of Discretion Standard in Sandiganbayan Certiorari Petitions

Explore how the Supreme Court defined grave abuse of discretion in certiorari petitions against the Sandiganbayan, citing the Barrera market stall case.

Acquittal in Murder Case and Civil Liability: The Garces v. Hernandez Ruling

When an acquittal rests on weak prosecution evidence, the court may rule that no civil liability arises. Learn the rules.

Probable Cause vs Equipoise Rule: Safeguarding Against Unjust Arrest in Arson Cases

When prosecutors flip-flop on probable cause, courts hold the line. Flores v. Gonzalez clarifies the equipoise rule and judicial independence.

Corporate Rehabilitation Dismissed for Rule Violations and Creditor Opposition

Supreme Court affirms dismissal of corporate rehabilitation petition where debtor violated procedural rules and faced substantial creditor opposition.

Federation Employee Eligibility Navigating Union Governance AND Election Rules

Supreme Court ruling on federation employees running for union office, election jurisdiction, and the binding force of constitutions.

Illegal Dismissal, Retrenchment, and Redundancy: Key Rules from Lambert Pawnbrokers v. Binamira

Supreme Court clarifies the rules on retrenchment, redundancy, and corporate liability in illegal dismissal cases, and when damages apply.

Double Jeopardy and Demurrer to Evidence: When Prosecution Appeals Are Barred

The Supreme Court explains when the prosecution cannot appeal an acquittal and why certiorari, not appeal, is the proper remedy.

Certiorari as a Substitute for Appeal: Navigating Procedural Missteps in Philippine Courts

Learn when certiorari can replace an appeal in Philippine procedure, and how the Supreme Court treats loss of trust and confidence in dismissals.

Coalition Registration Deadlines Are Mandatory in Philippine Election Law

Supreme Court rules COMELEC deadlines for coalition registration are mandatory, not merely directory, in Liberal Party v. COMELEC.

Re-Filing Graft Case Needs No New Preliminary Investigation When Only the Mode of Commission Changes

A re-filed graft information that changes only the mode of committing the offense, not its nature, does not require a new preliminary investigation.

When Election Returns Override Ballots in Philippine Election Protests

Philippine Supreme Court explains when election returns may be used instead of ballots in determining election protest winners.

Lifting Sequestration Orders Protecting Assets From Mismanagement

When can a sequestration order be lifted for mismanagement? The Supreme Court explains the limits in YKR Corporation v. Sandiganbayan.

Private Contractors Can Be Held Liable Under the Anti-Graft Law for Conspiring With Public Officers

The Supreme Court affirms that private individuals who conspire with public officers in graft cases can be held liable under Section 3(e) of RA 3019.

COMELEC En Banc Acts Without Jurisdiction in Election Appeal: Eriguel v. COMELEC

Supreme Court nullifies COMELEC en banc ruling in mayoralty protest for lack of jurisdiction and failure to ensure ballot integrity.

Integrity of Ballots vs Election Returns: Safeguarding the Electoral Process

Explaining Varias v. COMELEC on when ballots may override election returns in Philippine election contests.

Adverse Claims and Execution Liens: Priority Rules in Philippine Property Law

When an adverse claim is annotated on a title before a levy on execution, the earlier claim prevails. This case explains the priority rule.

Double Sale or Ownership: Resolving Property Disputes in the Philippines

Learn how Philippine courts resolve property disputes, from double sales to registration issues, and what the Diaz v. Republic ruling means for landowners.

Upholding Public Land Rights Denying Land Registration Within Military Reservations

Supreme Court affirms that lands inside military reservations and forest lands are inalienable public domain, not registrable.

Motion for Reconsideration: A Necessary Step Before Filing Certiorari

Learn why Philippine courts require a motion for reconsideration before a Rule 65 certiorari petition, as shown in this Supreme Court ruling.

Recanted Confession Inadmissible Against Co-Conspirators: Tamargo v. Awingan

The Supreme Court explains why a recanted extrajudicial confession cannot be used against alleged co-conspirators in criminal cases.