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 433456 of 770 articles for abuse of discretion

No Back Salaries for Government Employees Dismissed in Good Faith: Protecting Public Funds

Supreme Court rules government employees dismissed in good faith are not entitled to back salaries upon reinstatement, upholding Octot v. Ybañez.

Finality of Judgment: When a Lawyer's Negligence Does Not Deny Due Process

A dismissed employee's late appeal fails as the Supreme Court upholds finality of judgment despite counsel's negligence.

Injunctions in Ejectment Cases: Balancing Property Rights and Public Service

When can an ejectment judgment be stayed? City of Naga v. Asuncion shows how courts balance property rights against disruption of public services.

Quo Warranto and Security of Tenure: Establishing the Right to Public Office

Explaining when quo warranto lies, what a claimant must prove, and how security of tenure works in Philippine public office.

Quo Warranto and Forum Shopping: Lessons from Feliciano v. Villasin

The Supreme Court clarifies quo warranto rules, de facto officers, and the consequences of forum shopping in Feliciano v. Villasin.

Reopening a Preliminary Investigation Does Not Prove Prosecutorial Partiality

Supreme Court clarifies that reopening a preliminary investigation is not proof of bias under the Anti-Graft law, absent evidence of bad faith.

Certiorari vs Appeal: Choosing the Right Path for Legal Review in the Philippines

Learn when to file a petition for certiorari versus an appeal under Rule 45, explained through a Philippine Supreme Court labor case.

Judicial Benefits: Can Misconduct Outside Judicial Office Disqualify a Judge's Heirs from Gratuity?

A judge's heirs can still receive gratuity benefits despite pre-judiciary misconduct, but only for service rendered before the penalty became final.

Safeguarding Public Trust: Preventive Suspension and Unexplained Wealth in Public Office

The Supreme Court clarifies when the Ombudsman may preventively suspend public officials facing charges of dishonesty and unexplained wealth.

Right to Counsel in Criminal Appeals: Due Process Beyond the Trial Court

The Supreme Court rules that the right to counsel extends to appeals, and gross lawyer negligence can excuse a missed appeal.

Certiorari vs Appeal: Choosing the Proper Remedy in Philippine Law

Philippine Supreme Court explains why appeal and certiorari are mutually exclusive remedies, and why procedural rules matter in extraordinary actions.

When Attached Property May Be Sold Before Judgment: China Banking Corp. v. Asian Construction

The Supreme Court clarifies when attached properties may be sold before final judgment under Rule 57, Section 11 of the Rules of Court.

Quantum Meruit and COA Disallowances: What Contractors Must Know

The Supreme Court affirms COA's power to determine overpayments to government contractors under quantum meruit, and explains when belated jurisdictional challenges are barred.

Forum Non Conveniens in the Philippines: When Courts Keep Jurisdiction Despite Foreign Elements

Philippine courts can hear cases with foreign elements; a choice-of-law clause does not automatically strip them of jurisdiction.

Finality Prevails: Condonation of an Audit Disallowance After Supreme Court Affirmation Is Unacceptable

The Supreme Court rules that a final audit disallowance affirmed with finality cannot be condoned by a government agency, upholding COA's execution powers.

Copyright Infringement and Prescription: What Retailers Should Know

A look at how filing a complaint with the DOJ interrupts prescription, and what it means for retailers accused of selling counterfeit goods.

Medical Certificate Authentication: Proving Physical Injuries in Philippine Courts

Learn how Philippine courts treat medical certificates as evidence, why authentication matters, and what Postanes v. People teaches litigants.

Corporate Rehabilitation, Foreclosure, and Judicial Independence: Key Lessons from Rombe Eximtrade

A Supreme Court ruling clarifies when courts may issue injunctions against foreclosure after a rehabilitation case is dismissed.

When Courts Won't Second-Guess the Ombudsman's Dismissal of Graft Complaints

The Supreme Court affirms the Ombudsman's wide discretion in dismissing graft complaints, limiting judicial review to grave abuse of discretion.

Delaying Tactics Unveiled: Repeated Motions to Quash in Criminal Proceedings

The Supreme Court rules that repeated motions to quash and inhibit judges are delaying tactics that impede justice.

Negligence in a U-Turn Collision: Quasi-Delict Liability Under Philippine Law

A Supreme Court ruling clarifies negligence and vicarious liability in a U-turn collision, applying Articles 2176 and 2180 of the Civil Code.

Family Feuds and Corporate Control: Navigating Share Ownership Disputes in Philippine Corporations

The Supreme Court clarifies how Philippine courts resolve family disputes over corporate shares, trusts, and injunctions.

Preliminary Inquiry vs Prosecution Probable Cause: Key Distinction in Arrest Warrants

The Supreme Court clarifies the difference between a judge's arrest-warrant inquiry and a prosecutor's probable cause determination in preliminary investigations.

Behest Loans and the Statute of Limitations: When Does the Clock Start Ticking

The Supreme Court clarifies when the prescriptive period for behest loan offenses begins, and what evidence is needed to prove them.