From the library

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.

Have your own question? Ask ASG Legal AI now.

Get a cited, plain-language answer from 184,000+ statutes and decisions — free, no sign-up.

Ask a question

Showing 385–408 of 420 articles for “discretion”

Upholding Justice Over Technicality When Courts Must Excuse Procedural Lapses

The Supreme Court reminds appellate courts that dismissing appeals on mere technicalities, like a nine-day delay, can be grave abuse of discretion.

When Judges Face Administrative Complaints: Lessons from Tallado v. Racoma and Dating

The Supreme Court dismissed administrative complaints against two RTC judges, clarifying that errors in judicial discretion are not grounds for administrative liability.

Judicial Accountability Balancing Discretion AND DUE Process IN Granting Bail

Ombudsmans Discretion When Courts Defer to Anti-Graft Investigations

Philippine courts defer to Ombudsman findings in anti-graft cases absent grave abuse of discretion. Learn from Morong Water District.

When Courts Overstep Authority in Preliminary Investigations: Domondon v. Sandiganbayan

The Supreme Court clarifies when courts may interfere with the Ombudsman's prosecutory discretion, and when judicial overreach becomes grave abuse.

Limits on Ombudsman's Power: Court Upholds Anti-Graft Prosecution Discretion

Supreme Court clarifies courts cannot interfere with Ombudsman's prosecutorial discretion absent grave abuse, in anti-graft case.

Upholding Judicial Integrity: Dismissal for Conduct Unbecoming a Judge

Philippine Supreme Court ruling on when a judge's dismissal of criminal cases constitutes grave abuse of discretion.

Judicial Independence vs Executive Influence: Striking the Balance in Criminal Case Dismissal

When can a judge dismiss a criminal case on the prosecutor's recommendation? The Supreme Court clarifies the limits of judicial discretion.

When "May" Means Optional: Advance Payments in Property Sales

Supreme Court ruling on whether a buyer's advance payment obligation in a property sale is mandatory or discretionary, and its effect on contract rescission.

Philippine Retirement Law: Understanding Discretionary Service Extensions for Government Employees

Learn how the Supreme Court clarifies discretionary service extensions for government employees and the legal limits of such authority.

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.

Ombudsman's Discretion on Probable Cause: Why Good Faith Is a Trial Defense, Not a Dismissal Card

The Supreme Court rules that good faith is an evidentiary defense for trial, not grounds to block an Ombudsman indictment for probable cause.

When Courts May Reopen a Criminal Case After Evidence Is Closed

Philippine Supreme Court ruling on when a trial court may reopen a criminal case after the parties have rested, and the limits of that discretion.

Reopening a Criminal Case: When Courts Abuse Discretion in the Philippines

The Supreme Court nullified the Sandiganbayan's reopening of a criminal case against Miriam Defensor Santiago, ruling it was grave abuse of discretion.

Reopening a Closed Case: Abuse of Discretion and Due Process in Philippine Courts

When can a court reopen a criminal case after evidence is closed? The Santiago ruling explains the limits and due process requirements.

Writ of Preliminary Attachment: Abuse of Discretion and Judicial Misconduct

A look at a Supreme Court ruling on a judge and sheriff fined for improper issuance of a writ of attachment and misconduct.

Dismissal for Willful Disobedience: When Managerial Discretion Has Limits

Philippine Supreme Court clarifies when a managerial employee's exercise of discretion becomes willful disobedience justifying dismissal.

When Managerial Discretion Becomes Defiance: Willful Disobedience in Philippine Labor Law

Explore when a manager's independent judgment crosses the line into willful disobedience, a valid ground for dismissal under Philippine labor law.

Managerial Discretion and Willful Disobedience: When Personal Judgment Leads to Dismissal

A manager's personal judgment cannot override lawful company orders. This case clarifies the limits of managerial discretion in Philippine labor law.

Court Discretion and Deadlines: Why Philippine Courts Can Deny Postponements and Cost You Your Case

Learn from the Pepsi Number Fever case why Philippine courts can deny postponements and declare waiver of evidence rights.

Grave Abuse of Discretion in Philippine Courts: When Certiorari Overcomes Lapsed Appeals

Explaining Bachrach v. Court of Appeals: when res judicata does not bar a separate action, and when certiorari may proceed despite a lapsed appeal.

Ministerial Duty vs Discretion: When a Clerk of Court Must Act and the Consequences of Refusal

Philippine Supreme Court ruling on when a sheriff's duty to execute a deed of sale is purely ministerial, and the penalties for refusal.

Limits on Contempt Power, Due Process, and Judicial Restraint in Impeachment Proceedings

The Supreme Court clarifies that "forthwith" in impeachment does not mean instant trial, affirming judicial restraint and the Senate's discretion.

Preventive Suspension Under RA 3019: When Public Officials Must Step Aside

The Supreme Court clarifies that preventive suspension of public officials facing graft charges under RA 3019 is mandatory, not discretionary. Learn the rules.