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 409432 of 839 articles for motion

Warsaw Convention Limits Philippine Courts' Jurisdiction Over International Air Travel Claims

Philippine courts lack jurisdiction over claims arising from international flights under the Warsaw Convention, as shown in Lhuillier v. British Airways.

Res Judicata and Final Judgments: What Torres v. Medina Means for Litigants

The Supreme Court explains when a final judgment bars a new lawsuit, using a foreclosure dispute to illustrate res judicata's elements and limits.

Appointment in Civil Service: The Indelible Right Despite Administrative Lapses

A valid civil service appointment takes effect immediately and remains effective until disapproved by the CSC—even if submission was delayed.

Affinity Survives Death But Not Falsification: Estafa and Article 332

The Supreme Court rules on whether a son-in-law can invoke the Article 332 exemption from criminal liability for estafa after his wife's death.

PD 957 Criminal Cases Belong to Regular Courts, Not HLURB

Supreme Court ruling clarifies that HLURB handles only civil and administrative cases; criminal violations of PD 957 go to regular courts.

Forum Shopping Rule: Defective Certification Dooms Appeal Before HLURB

A defective certification against forum shopping can prevent an appeal from being perfected, making the original decision final and executory.

Retroactivity of Laws and Vested Rights in Bank Liquidation: PDIC v. Stockholders of Intercity Bank

When can a new law apply to an ongoing bank liquidation? The Supreme Court explains the rule on retroactivity and vested rights.

Perfecting Appeals: The Jurisdictional Requirement in Estate Proceedings

Why filing both a notice of appeal and record on appeal is jurisdictional in estate cases, and what happens when a party fails to perfect an appeal.

Certiorari Not a Substitute for Lost Appeal: Lessons from Republic v. Yang Chi Hao

The Supreme Court reminds litigants that certiorari cannot replace a lost appeal, even in naturalization cases where the government seeks to question a trial court's ruling.

Proximate Cause and Criminal Liability for Unintended Death in the Philippines

When a beating triggers a fatal heart attack, is the attacker liable for homicide? The Supreme Court explains proximate cause under Article 4 of the Revised Penal Code.

Abuse of Rights Under Article 19: When Business Decisions Are Protected

The Supreme Court clarifies when business decisions like audits and non-renewal of contracts are protected, not abuse of rights.

Finality of Judgments: Why Prior Dismissals Can Prevent New Lawsuits

A dismissed case can bar a refiled lawsuit. The Supreme Court explains the doctrine of res judicata and finality of judgments.

Solidary vs Joint Obligations: When Liability Is Not Presumed in Philippine Law

Philippine Supreme Court clarifies that solidary obligations are not presumed; joint debtors are liable only for their proportionate shares.

Default Orders and the Law of the Case: When Prior Rulings Bind Subsequent Appeals

The Supreme Court explains how the doctrine of law of the case bars relitigating a default order previously upheld with finality.

Prosecutors Discretion in the Philippines: When Courts Can Intervene

When can courts review a prosecutor's or the Ombudsman's decision? The Supreme Court explains the limits of judicial intervention.

Diligence Required Enforcing Final Judgments AND Avoiding Laches IN Philippine LAW

A 13-year delay in enforcing a final judgment bars execution by motion and constitutes laches. Learn the rules and deadlines.

CIAC Jurisdiction Prevails Over Contractual Conditions Precedent in Construction Arbitration

Philippine Supreme Court rules CIAC retains jurisdiction over construction disputes even when parties fail to comply with contractual conditions precedent like DAB referral.

RTC Has Exclusive Jurisdiction Over Libel Cases, Even for Public Officers

The Supreme Court clarifies that Regional Trial Courts exclusively handle libel cases, regardless of whether the accused is a public officer.

Accretion Rights and Innocent Purchasers: Resolving Land Ownership Disputes in the Philippines

Philippine Supreme Court ruling on accretion rights, reconveyance actions, and the protection of innocent purchasers for value in land disputes.

Falsification of Public Documents and Suspension Pendente Lite Under Anti-Graft Law

Explains when public officers may be suspended pendente lite for falsification of public documents involving fraud upon government funds.

OFW Death Liability: Protecting Overseas Workers and Ensuring Accountability

Supreme Court ruling holds recruitment agencies solidarily liable for OFW deaths, imposing moral and exemplary damages for abandoning workers in distress.

Legislative Inquiries vs Sub Judice: Balancing Congressional Power and Individual Rights

Explaining the Supreme Court's ruling in Romero v. Estrada on legislative inquiries, the sub judice rule, and witness rights.

Co-Ownership and Property Recovery: When Must All Owners Join a Lawsuit

Philippine Supreme Court clarifies when co-owners must be impleaded in property recovery suits under Article 487 of the Civil Code.

Missed Your Appeal Understanding Finality of Judgments and Procedural Deadlines in Philippine Courts

Learn how missing appeal deadlines makes judgments final and binding, using a Philippine Supreme Court case on union elections as guide.