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 738 articles for motion

Foreclosure Prescription: When Does a Bank's Right to Foreclose Expire?

Philippine Supreme Court clarifies that extrajudicial foreclosure filings do not stop the 10-year prescription period for mortgage actions under Article 1142.

Attorney Misconduct: Handling Client Funds and Accountability in the Philippines

Learn how Philippine lawyers must account for client funds and return unused amounts, based on Supreme Court rulings on attorney discipline.

Guardianship in the Philippines: When the Proposed Guardian Lives Abroad

The Supreme Court clarifies that a guardian residing abroad can be appointed if the child's best interests and genuine commitment are shown.

Speedy Disposition of Cases: When Delays Lead to Dismissal in the Philippines

Learn how the Supreme Court protects the right to speedy disposition of cases, and when unreasonable delays can lead to dismissal of criminal charges.

Execution Pending Appeal in Support Cases: Protecting Women and Children Under RA 9262

The Supreme Court clarifies when support awards in VAWC cases may be executed pending appeal, protecting women and children from economic abuse.

Proving Causation in Homicide Cases: The Role of Medical Evidence in the Philippines

Philippine homicide cases require proof beyond reasonable doubt that the accused's actions caused death. Learn how the Supreme Court treats medical evidence and pre-existing conditions.

VAWC Act Applies to Lesbian Relationships: Women Can Be Held Liable as Offenders

The Supreme Court confirms that RA 9262 covers violence by a woman against her female partner, protecting all women from intimate partner abuse.

COA Disallowances When ARE Government Officials Personally Liable TO Refund

Supreme Court clarifies when government officials must refund disallowed benefits, distinguishing approving officers from mere recipients.

When Personal Misconduct Impacts Public Trust Philippine Supreme Court Ruling ON Employee Behavior

The Supreme Court clarifies liability rules when government officials receive disallowed benefits, distinguishing approving officers from mere recipients.

Social Media Conduct and Lawyer Discipline: Ethical Boundaries in the Philippines

A Supreme Court ruling on a lawyer's Facebook post shows how social media conduct can lead to contempt and disciplinary action.

When Judges Overstep Authority: Due Process in Execution Proceedings

Supreme Court clarifies judicial authority in execution proceedings, dismissing administrative charges against a judge while reminding litigants of proper remedies.

Bill of Particulars in Philippine Criminal Procedure: What Enrile v. Sandiganbayan Teaches

The Supreme Court clarifies the role and limits of a bill of particulars in criminal cases, and the remedies available to an accused.

Right to Speedy Disposition of Cases: Nullifying COA Decisions for Undue Delay

The Supreme Court nullified COA decisions after an 11-year delay, reaffirming the constitutional right to speedy disposition of cases.

Child Custody in the Philippines: The Best Interest of the Child Standard

Philippine courts decide child custody disputes by one standard: the child's best interest. Learn the factors, the law, and a landmark 2024 ruling.

Constructive Dismissal of OFWs: When Unbearable Work Conditions Amount to Illegal Termination

The Supreme Court clarifies when unbearable working conditions abroad amount to constructive dismissal of OFWs, entitling them to back wages and damages.

When Does a Right to Radio Frequencies Vest? The NOW Telecom Ruling

A legislative franchise does not guarantee radio frequencies. The Supreme Court explains why spectrum use is a privilege.

Inverse Condemnation and Provisional Compensation: What RA 10752 Means for Landowners

The Supreme Court clarifies that RA 10752 governs provisional compensation in inverse condemnation cases filed after its effectivity, even if the taking occurred earlier.

Undue Delay in Court: When a Judge Is Liable and What the Consequences Are

The Supreme Court explains when a judge's delay in resolving motions becomes administrative liability, and the penalties under the amended Rule 140.

When Death Ends a Case: Exhumation Dispute and the Rules on Party Substitution

A family exhumation dispute ends without a merits ruling after the petitioner dies and heirs decline substitution, clarifying Rule 3, Section 16.

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.

Chain of Custody and the Saving Clause in Philippine Drug Cases

When a flawed drug bust still stands: the saving clause under Section 21, RA 9165, explained through a recent Supreme Court ruling.

CSC Can Act on PDS Misrepresentation Despite Prior NAPOLCOM Ruling

The Supreme Court clarifies when the CSC may pursue eligibility-related administrative cases despite a prior NAPOLCOM ruling on the same facts.

Financial Abuse Under VAWC: Why Intent Matters in RA 9262 Cases

The Supreme Court clarifies that financial abuse under RA 9262 requires proof of intent to cause emotional anguish, not just denial of support.

Deportation and Undesirability in the Philippines: Exhausting Administrative Remedies First

The Supreme Court explains why a foreign national facing deportation must exhaust administrative remedies before seeking judicial relief.