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 2541 of 41 articles for clerk of court

DTR Rules and Office Hours for Government Employees: Key Lessons from a Supreme Court Ruling

A Supreme Court ruling on falsified DTRs clarifies strict office hours, the 40-hour work week, and flexi-time limits for government employees.

Willful Failure to Pay Just Debts: Disciplinary Risks for Philippine Government Employees

Philippine public servants can face administrative discipline for willful failure to pay just debts, even after settlement. Learn the rules and risks.

Motion for Reconsideration: Avoiding Pro Forma Dismissals in Philippine Courts

Learn how Philippine courts treat procedural lapses in motions for reconsideration, and why substantive justice prevails over technicalities.

Administrative Accountability: When Can You File a Complaint Against a Philippine Court Employee

Learn when a complaint against court personnel prospers or fails, based on the Supreme Court ruling in Mikrostar Industrial Corporation v. Mabalot.

Clerks of Court as Notaries: Limits on Ex Officio Notarial Powers

Clerks of court are ex officio notaries, but their notarial powers extend only to official duties—not private documents.

Relief From Judgment Confined to Trial Courts, Not Extended to Court of Appeals

Supreme Court clarifies that relief from judgment under Rule 38 applies only to trial courts, not the Court of Appeals.

Sheriff’s Neglect of Duty: When Failure to Implement a Writ Means Dismissal

The Supreme Court held a sheriff liable for grave misconduct and gross dishonesty for failing to implement a writ of preliminary attachment and mishandling funds.

Demolition Orders and Road Right of Way: Understanding Philippine Property Law

A Supreme Court ruling clarifies when courts may order demolition of structures obstructing an established road right of way.

Habeas Corpus Appeals in the Philippines: The 15-Day Rule Explained

The Supreme Court confirmed that habeas corpus appeals now follow the 15-day period under the 1997 Rules of Civil Procedure, replacing the old 48-hour rule.

Execution of Judgment in Ejectment Cases: Why the Court of Origin Matters

In ejectment cases, execution of an affirmed judgment generally belongs to the trial court of origin, not the appellate court. A Supreme Court ruling clarifies why.

Due Process Denied: The Importance of Hearing Notices in Default Orders Under Philippine Law

Philippine Supreme Court ruling on default orders without hearing notices, and the duty of clerks of court in safeguarding due process.

Breach of Trust: Safeguarding Employee Rights in Termination Cases

Philippine Supreme Court ruling on dismissal of court employees for immorality, highlighting integrity standards and due process in administrative cases.

Judicial Rank vs Salary Grade: Understanding Position Classification in the Philippine Judiciary

The Supreme Court explains why equal salary grades do not mean equal judicial rank, clarifying position classification in the Court of Appeals.

Valid Confession in Philippine Law: When Your Words Can Be Used Against You

Learn when a confession is valid and admissible in Philippine courts, and how constitutional rights during custodial investigation protect accused persons.

Premature Writ of Demolition: Due Process and the Sheriff's Duty in Philippine Execution

When can a sheriff implement a writ of demolition, and what happens when a motion for reconsideration is pending? The Supreme Court's ruling in A.M. No. P-98-1268 offers guidance.

Withdrawal of an Administrative Complaint: Does It Auto-Dismiss Cases Against Court Personnel?

Withdrawing an administrative complaint against court personnel does not automatically end the case. The Supreme Court explains when dismissal is proper.

Habitual Absenteeism of Government Employees: Penalties and Lessons from a Supreme Court Ruling

Habitual absenteeism is a grave offense for Philippine government employees. Learn the rules, penalties, and key lessons from a landmark Supreme Court case.