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Showing 25–48 of 420 articles for “discretion”

Cockfighting Law: When Local Officials Can Hold Events Outside Licensed Cockpits

Supreme Court clarifies when cockfights may be held outside licensed cockpits under PD 449, and the limits of Ombudsman discretion.

Presidential Immunity and Foreign Affairs Discretion: Lessons from Esmero v. Duterte

The Supreme Court explains why the President's foreign affairs decisions are discretionary and cannot be compelled by mandamus.

Presidential Immunity and Mandamus Limits in COVID-19 Vaccine Procurement Cases

Supreme Court explains presidential immunity from suit and why mandamus cannot compel discretionary vaccine procurement decisions.

SEC v. COA: Retained Income, Provident Funds, and the Limits of Agency Discretion

The Supreme Court ruled on when government agencies may use retained income for personnel benefits, and who must refund disallowed amounts.

Executive Power Limits in Treaty Withdrawal: Insights from Philippine Jurisprudence

The Supreme Court clarifies when the President may unilaterally withdraw from treaties, balancing executive discretion with legislative involvement.

Bank Manager Discretion and Personal Liability: Insights from Philippine Banking Law

When can a bank manager be personally liable for losses? The Supreme Court clarifies the limits of managerial discretion and solidary liability.

Regulatory Discretion vs. Criminal Liability: Insights from a Landmark Philippine Supreme Court Ruling

The Supreme Court upheld the constitutionality of R.A. 11212's expropriation provisions, clarifying the fine line between regulatory discretion and criminal liability.

Nuisance Candidates in Multi-Slot Elections: What the Rules Really Say

Nuisance candidates in multi-slot elections: the legal test, the Comelec's discretion, and practical guidance for aspirants.

Grave Abuse of Discretion: Ombudsman's Duty and Limits in Graft Cases Involving Property Disputes

The Supreme Court clarifies when the Ombudsman may dismiss graft complaints involving property disputes and what grave abuse of discretion truly means.

Directors' Liability for SSS Contributions: When Courts May Deny Withdrawal of Information

Explore the Supreme Court ruling on directors' liability for unpaid SSS contributions and the trial court's discretion in criminal cases.

Finality of Court Control Over Criminal Cases: SSS v. Seno on Withdrawal of Information

Explore the Supreme Court's ruling in SSS v. Seno on trial court discretion over motions to withdraw criminal informations and due process limits.

SSS v. Seno: Trial Court Discretion Over Withdrawal of Criminal Information

Supreme Court clarifies trial court discretion in denying withdrawal of criminal information and limits on ordering reinvestigation in SSS contribution cases.

Preliminary Injunction in Municipal Boundary Disputes: What the Supreme Court Said

The Supreme Court explains when a writ of preliminary injunction may issue in municipal boundary disputes and why courts have wide discretion.

Upholding Discretion When Appellate Procedure Meets Substantial Justice in Land Disputes

Supreme Court clarifies RTC jurisdiction over injunction suits against government infrastructure projects despite procedural missteps.

Navigating Probable Cause: The Ombudsman's Role in Philippine Criminal Prosecutions

This article explains the Ombudsman's power to determine probable cause in criminal cases, its limits, and the legal principles governing prosecutorial discretion in the Philippines.

DUE Process AND Regulatory Authority Ntcs Discretion IN Catv Franchise Applications

Usurpation of Authority: Delineating Official Functions and Good Faith in Public Office

The Supreme Court clarifies the meaning of "forthwith" in impeachment proceedings, emphasizing the Senate's discretion in preparing for trial and the limits of judicial intervention.

Certiorari as a Remedy Against Default Judgments for Grave Abuse of Discretion

When can a party use certiorari instead of appeal to challenge a default judgment? The Supreme Court clarifies the rule.

Competitive Bidding in Government Contracts: When Negotiated Procurement Is Allowed

A look at the Supreme Court's ruling on when negotiated procurement is valid under R.A. 9184, and the limits of Ombudsman discretion in finding probable cause.

No Immunity for Dishonest Acts: CSC Discretion Prevails in Suriaga v. Dela Rosa-Bala

Supreme Court affirms CSC's denial of immunity to fire officer who failed to substantiate claims against alleged fixer in exam irregularity case.

Certiorari as an Improper Remedy: Interlocutory Orders and Grave Abuse of Discretion in Recovery of Possession

A party cannot use certiorari to challenge interlocutory orders like a denied motion to dismiss or default order when ordinary remedies exist.

Warrant of Arrest: Judge's Discretion vs Executive Review in Philippine Criminal Procedure

Explaining the Supreme Court's ruling on the distinction between executive and judicial determination of probable cause in warrant issuance.

Ombudsman’s Discretion in Probable Cause Determinations Upheld in Anti-Graft Case

Supreme Court affirms Ombudsman’s dismissal of graft charges, emphasizing courts only review probable cause findings for grave abuse of discretion.

Ombudsman's Discretion Upheld in Probable Cause Determinations for Anti-Graft Cases

Supreme Court affirms Ombudsman's dismissal of behest loan complaint, respecting prosecutorial discretion absent grave abuse.