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 839 articles for motion

Certiorari and Evidence: Court of Appeals Can Receive New Proof in Special Civil Actions

When may the Court of Appeals admit new evidence in a certiorari case? The Supreme Court clarifies in this foreclosure dispute.

Managerial Employees and Overtime Pay in the Philippines: The Clientlogic Case

Who counts as a managerial employee exempt from overtime pay? The Supreme Court's Clientlogic ruling clarifies the test.

Bigamy in the Philippines: When a Second Marriage Is Void From the Start

Philippine law voids any second marriage contracted while a prior civil marriage subsists. Learn the rules, limits of Muslim divorce, and who may sue.

Mortgage Obligations and Appeal Rights in Real Estate Disputes

The Supreme Court rules on mortgage obligations, appeal periods, and writs of execution in a dispute between borrowers and PNB.

Motion Denied Understanding Defective Notice OF Hearing IN Philippine Courts

Philippine courts demand proper notice of hearing in motions; defects can lead to denial. Learn the rules and practical tips.

Docket Fees and Jurisdiction: The David Lu Case on Actions Incapable of Pecuniary Estimation

Learn how the Supreme Court's David Lu ruling clarifies docket fees and jurisdiction for actions incapable of pecuniary estimation in Philippine courts.

Direct Contempt of Court: Limits, Penalties, and Remedies Under Philippine Law

Learn the limits of direct contempt in Philippine courts, including penalties, due process rights, and remedies like certiorari.

The Fresh Period Rule for Appeals in Philippine Criminal Cases

Learn how the Supreme Court applied the fresh period rule to criminal appeals, giving accused persons a full 15 days from denial of post-judgment motions.

The Fresh Period Rule: Reconciling Procedure and Justice in Appeals

The Supreme Court extends the Neypes fresh period rule to criminal appeals, ensuring uniform 15-day appeal periods and protecting the accused's right to appeal.

Missed Filing Deadlines in Philippine Courts: Lessons from Barangay Dasmariñas vs. Creative Play Corner School

Learn how strict Philippine court filing deadlines are, and why a missed extension cost Barangay Dasmariñas its case before the Court of Appeals.

Overcoming Jurisdictional Hurdles in Philippine Property Disputes: The Philippine Veterans Bank Case

Learn how the Supreme Court clarified jurisdictional boundaries between courts and DARAB in expropriation cases involving agrarian reform lands.

Gross Ignorance of the Law: When Judges Overstep Final Judgments

A judge's motu proprio reversal of a final and executory order leads to dismissal for gross ignorance of the law in this administrative case.

Philippine Red Cross Charter: Understanding Its Unique Legal Status

The Supreme Court explains why the Philippine Red Cross is neither a private corporation nor a government entity, and why its charter remains valid.

Custodia Legis and Garnishment: The BSP v. Judge Lanzanas Ruling

Funds in custodia legis cannot be garnished without court approval. The Supreme Court's ruling in BSP v. Judge Lanzanas explains why.

Incomplete Witness Testimony: When Death Before Cross-Examination Makes Evidence Inadmissible

Philippine courts generally strike out a witness's direct testimony if the opposing party never gets to cross-examine. Dela Cruz v. Papa explains why.

Partial Summary Judgments: Why They Are Not Immediately Executable

A partial summary judgment is interlocutory, not final. It cannot be executed while the main case is pending, explains Philippine Business Bank v. Chua.

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.

Final Judgment Rule: When Court Decisions in Property Disputes Become Immutable

The final judgment rule makes court decisions in property disputes final and executory. Learn the exceptions and practical implications.

Implied Admission in Philippine Law: Navigating Requests for Admission in Civil Cases

When does a failure to respond to a Request for Admission trigger implied admission? The Supreme Court clarifies the limits under Rule 26.

When Late Appeal Briefs Get Dismissed: Lessons from a Property Dispute

The Supreme Court explains when late filing of an appeal brief justifies dismissal, using a property dispute as a cautionary example.

Upholding Government Authority When Public Interest Overrides Private Land Claims In Expropriation

Philippine Supreme Court ruling on expropriation, public interest, and limits of private land claims against government authority.

Authority to Represent: The Limits of Legal Representation for Government-Owned Corporations

A Supreme Court ruling clarifies when lawyers may appear for GOCCs, requiring OGCC and COA approval before private counsel can act.

Insanity Plea in Parricide: Burden of Proof and the Limits of Jealous Rage

The Supreme Court clarifies when insanity exempts an accused from criminal liability, and why jealous rage falls short.

Forum Shopping and Dismissed Cases: What the Benedicto Ruling Means for Refiled Complaints

The Supreme Court clarifies when a withdrawn case must be disclosed in a certification against forum shopping, and what litis pendentia requires.