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 2548 of 416 articles for discretion

Foreclosure Judgments Must State Amount and Payment Period: Lontoc v. Tiglao

A foreclosure judgment must specify the exact amount due and the payment period under Rule 68, Section 2, or it cannot be executed.

Alias Writs of Execution: When Can a Second Debt Collection Attempt Be Stopped?

Learn the rules on alias writs of execution in the Philippines, the limited grounds to oppose them, and key lessons from a recent Supreme Court ruling.

3G Frequency Allocation and the NTC's Regulatory Discretion: Lessons from Next Mobile v. NTC

The Supreme Court affirms the NTC's broad discretion in allocating 3G frequencies, clarifying the limits of judicial review over technical regulatory decisions.

Enforcing Foreign Arbitral Awards in the Philippines: The Authentication Requirement

Learn why authenticated arbitration agreements are jurisdictional requirements for enforcing foreign arbitral awards in Philippine courts, as ruled in Manis Shipping.

When IPRA Customary Law Claims Collide with Final Judgments: Lessons from Spouses Sending v. Co Uy

The Supreme Court clarifies when indigenous customary laws apply in disputes and why final judgments cannot be overturned through belated IPRA claims.

Motion to Withdraw Information: When Courts Must Assess Evidence Before Dismissal

Courts must independently assess evidence before granting a motion to withdraw information. Learn the rules from a recent Sandiganbayan case.

Rape and Mental Capacity: Philippine Supreme Court Ruling on Criminal Liability

Philippine Supreme Court clarifies rape liability involving mental retardation, distinguishing statutory rape from rape of a person deprived of reason.

Malicious Prosecution in the Philippines: When Filing a Case Crosses the Line

Filing a baseless disbarment case to pressure a lawyer can amount to malicious prosecution. Learn the rules and remedies from a recent Supreme Court ruling.

Deficiency Claims After Mortgage Foreclosure: The Prieto v. BPI Ruling

Learn how the Supreme Court's Prieto v. BPI ruling protects borrowers from unproven deficiency claims after mortgage foreclosure in the Philippines.

Double Jeopardy in the Philippines: When an Acquittal Becomes Final

Philippine law protects acquitted persons from retrial through double jeopardy. Learn the rule, its narrow exceptions, and key case law.

Legal Standing and Public Interest Litigation: When Can You Sue the Government in the Philippines?

The Supreme Court explains legal standing, hierarchy of courts, and when citizens may sue the government in this 2023 mandamus ruling.

Final and Executory Judgments: The Doctrine of Immutability in Philippine Courts

Once a judgment becomes final and executory, courts cannot revisit it. Learn the doctrine of immutability, its exceptions, and key lessons from a recent Supreme Court ruling.

Falsification of Public Documents: When Is a Signature Just a Signature

Philippine Supreme Court ruling on when a signature on public documents constitutes falsification, and the distinction between mere signatures and legal falsification.

Condonation Doctrine: Limits on Administrative Liability for Re-elected Officials

The Supreme Court clarifies the condonation doctrine's scope, applying it only to elected officials re-elected before April 12, 2016.

Online Libel Penalties in the Philippines: Fine or Imprisonment After Soliman

The Supreme Court clarifies that online libel may be punished with fine only, not just imprisonment, and explains how to compute the penalty.

Perpetual Disqualification: When Does It Take Effect in Philippine Law?

The Supreme Court clarifies when the accessory penalty of perpetual disqualification from public office takes effect under Philippine law.

When Can a Writ of Possession Be Challenged? Supreme Court Clarifies

The Supreme Court nullified a writ of possession in an NGCP expropriation case, ruling that trial courts must first determine the expropriator's authority before issuing the writ.

Due Process and Summons: Supreme Court Ruling on Unresolved Motions for Reconsideration

The Supreme Court clarifies that ignoring a motion for reconsideration violates due process, while explaining how courts acquire jurisdiction over defendants.

When Does a Company Bonus Become a Demandable Right in the Philippines?

Learn when a company bonus becomes a demandable right under Philippine law, based on the Supreme Court's ruling in Maternal vs. Coca-Cola Bottlers.

Just Compensation in Agrarian Reform: When Courts Can Depart from DAR Formulas

Explains the Supreme Court ruling on just compensation in agrarian reform, when courts may deviate from DAR valuation formulas, and why evidence matters.

Writ of Possession: Ministerial Duty vs Third-Party Adverse Claims in Foreclosure Sales

The Supreme Court clarifies when a writ of possession is ministerial and when third-party adverse claims can stop it.

Sula v. COMELEC: Supreme Court Upholds Cotabato City’s Inclusion in BARMM

Supreme Court affirms COMELEC’s conduct of the Bangsamoro plebiscite, upholding Cotabato City’s inclusion in BARMM as the people’s will.

Prior Approval Is Paramount: DSWD Contract Faces Scrutiny Over COA Concurrence

Government agencies must secure prior COA concurrence and OSG approval before hiring private lawyers, or risk irregular expenditures.

Homestead Patent vs Implied Trust: When Land Ownership Claims Collide

A Supreme Court ruling shows why a homestead patent can defeat claims of implied trust over registered land in the Philippines.