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 385408 of 470 articles for discretion

COMELEC vs. HRET Jurisdiction: When Election Disputes Shift to the Electoral Tribunal

Learn when COMELEC loses jurisdiction over House election contests and the HRET becomes the sole judge of a member's election, returns, and qualifications.

Bail in Capital Offenses: The Mandatory Hearing Requirement

Philippine Supreme Court ruling explains why judges must hold a hearing before granting bail in capital offenses like rape.

Non-Compete Clauses and Preliminary Injunctions: Time Limits and Mootness in Philippine Employment Law

Philippine Supreme Court ruling on how non-compete clauses affect preliminary injunction validity, time limits, and mootness in employment disputes.

Summary Procedure and Motions for Reconsideration: Scope of Prohibited Pleadings Clarified

A judge may validly act on a motion for reconsideration of a dismissal order in summary procedure cases, as clarified by the Supreme Court.

Motion for Reconsideration Under Summary Procedure: The Lucas Doctrine

When can a litigant file a motion for reconsideration under summary procedure? The Supreme Court clarifies the exception for dismissal orders.

Judicial Overreach: When a Judge Solemnizes Marriage Outside Jurisdiction

A judge who solemnized a marriage outside his court's jurisdiction and failed to register it was fined P5,000. Learn the rules.

Tourist Duty Free Shops v. Sandiganbayan: Limits of PCGG Sequestration and Litis Pendentia

The Supreme Court clarifies when litis pendentia applies and the limits of PCGG sequestration powers over corporations.

Valid Substituted Service: How Philippine Courts Can Serve Summons Without Personal Delivery

Learn when substituted service of summons is valid in Philippine courts, what the sheriff's return must show, and how to challenge a default order.

NLRC Appeal Bond Rules: Why Missing the Deadline Kills Your Labor Appeal

Learn why failing to post the NLRC appeal bond on time can dismiss your labor appeal, and how the DORELCO case shapes the rules.

Falsification of Public Documents: When Good Faith Fails as a Defense

Good faith may defend falsification charges, but it must be proven. Resoso v. Sandiganbayan shows why authorization and documentation matter.

When Words Wound Understanding Damages FOR Baseless Lawsuits IN THE Philippines

Learn how Philippine courts award damages for baseless lawsuits, what must be proven, and practical tips to protect your rights.

Execution Pending Appeal in the Philippines: When Can a Judgment Be Enforced Immediately?

Learn when Philippine courts may allow execution pending appeal, the good reasons required, and the safeguards protecting a losing party's right to appeal.

Circumstantial Evidence in Philippine Criminal Law: When Is It Enough for Conviction

When can Philippine courts convict based on circumstantial evidence? Learn the rules and limits from People v. Apelado.

Expropriation in the Philippines: Provisional Deposit and Writ of Possession Explained

Understand how the 1997 Rules on expropriation allow the government to take property upon depositing assessed value, and what this means for owners.

Ombudsman's Limits: When Can the Ombudsman Order Payment of Back Wages

Philippine Supreme Court ruling on the Ombudsman's power to order payment of back wages and limits of its jurisdiction.

Barangay Appointments: Why Sangguniang Barangay Approval Is Required

The Supreme Court ruled that a Punong Barangay cannot appoint or replace barangay officials without Sangguniang Barangay approval.

Second Chances in Appeals: Leniency for Late Docket Fee Payments in Philippine Courts

Philippine courts may relax procedural rules on late appeal docket fees when justice requires, as shown in this 1999 ruling.

Decoding Holographic Wills in the Philippines: Witness Requirements and Probate Challenges

Understand the mandatory three-witness rule for contested holographic wills in the Philippines and what Codoy v. Calugay means for probate.

When Can an Appellate Court Remand an Ejectment Case? Key Rules

Explains when RTCs may remand ejectment appeals for further evidence, and when remand is improper under Section 21(d).

Ejectment Suits Staying Execution Pending Appeal in the Philippines

Learn how Philippine courts handle stays of execution in ejectment cases pending appeal, including the rules on posting supersedeas bonds and the limits of appellate relief.

Deficiency Tax Collection: When BIR Warrants Are Premature Under Philippine Law

Philippine Supreme Court clarifies when BIR collection of deficiency taxes is premature, and why the OSG must represent the CIR.

Grave Slander in the Philippines: Lessons from Artajos v. Court of Appeals

Learn how Philippine law punishes grave slander, the elements prosecutors must prove, and key lessons from the Supreme Court's Artajos ruling.

Valid Search Warrants in the Philippines: Probable Cause and Specificity

Philippine law requires probable cause and particular description for valid search warrants. Kho v. Makalintal clarifies how specific these must be.

Sheriffs Duty to Enforce Court Decisions Without Unnecessary Delay

A sheriff's ministerial duty to execute final judgments is explained through an administrative case on dereliction of duty.