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 49 articles for motion for reconsideration

Motion for Reconsideration Before Certiorari: The Novateknika Rule

Philippine courts require a motion for reconsideration before filing certiorari. Learn the rule, its exceptions, and why it matters.

Lost Land Title Petitions: Court Limits, Due Diligence, and Protecting Property Rights

Learn how Philippine courts handle petitions for new owner's duplicate titles, including jurisdictional limits, due diligence duties, and key lessons from a recent Supreme Court ruling.

Docket Fees and Jurisdiction: The David Lu Case on Actions Incapable of Pecuniary Estimation

Learn how the Supreme Court's David Lu ruling clarifies docket fees and jurisdiction for actions incapable of pecuniary estimation in Philippine courts.

The Neighborhood Rule in Philippine Election Law: Abad v. Co Explained

Learn how the Supreme Court applied the neighborhood rule in Abad v. Co, ensuring voter intent prevails over technical ballot errors.

Bound by Your Lawyer’s Mistakes? Client Responsibility Under Philippine Law

Philippine courts generally hold clients responsible for their lawyers' negligence. Only gross negligence that deprives a client of due process warrants relief.

Certiorari Without Motion for Reconsideration: Exceptions Under Rule 65

Learn when Philippine courts allow a direct petition for certiorari without a prior motion for reconsideration, based on the PAL-PESALA case.

Motion for Reconsideration Before Sandiganbayan: No Hearing Required for Finality

A Sandiganbayan decision is not final until it properly resolves a motion for reconsideration—even if the motion was not set for hearing.

Extraterritorial Service of Summons: Due Process for Non-Resident Defendants

Philippine courts must strictly comply with rules on extraterritorial service of summons before declaring non-resident defendants in default.

LGU Right to Immediate Possession in Expropriation: City of Iloilo v. Legaspi

When can an LGU take immediate possession of private property in expropriation? The Supreme Court explains the 15% deposit rule.

Prescription in Contract Disputes: The 10-Year Rule Under Philippine Law

Learn how the 10-year prescription period for written contracts works in the Philippines, and why delay can bar a valid claim.

Fair Rental Value in Unlawful Detainer: Key Lessons from Catungal v. Hao

How Philippine courts determine fair rental value when a lease expires, based on the Supreme Court's ruling in Catungal v. Hao.

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.

Marked Ballots in Philippine Elections: When Stray Marks Invalidate a Vote

Philippine election law invalidates ballots with deliberate identifying marks, but accidental or third-party markings may still be valid. Learn the rules.

COMELEC vs. HRET Jurisdiction: When Election Disputes Shift to the Electoral Tribunal

Learn when COMELEC loses jurisdiction over House election contests and the HRET becomes the sole judge of a member's election, returns, and qualifications.

Motion for Reconsideration Under Summary Procedure: The Lucas Doctrine

When can a litigant file a motion for reconsideration under summary procedure? The Supreme Court clarifies the exception for dismissal orders.

NLRC Appeal Bond Rules: Why Missing the Deadline Kills Your Labor Appeal

Learn why failing to post the NLRC appeal bond on time can dismiss your labor appeal, and how the DORELCO case shapes the rules.

Missed Appeal Deadlines in the Philippines: Strict Rules, Rare Exceptions

Philippine courts strictly enforce the 15-day appeal period. Missing it can end a case, with only truly exceptional circumstances excusing delay.

Refiling a Dismissed Case in the Philippines: When a Technical Dismissal Is Not Final

A Philippine Supreme Court ruling explains when a procedural dismissal is without prejudice, allowing a case to be refiled.

Service by Registered Mail in the Philippines: When Deadlines Start Ticking

Understand when service by registered mail is complete in Philippine courts, and how insufficient postal certifications can protect your right to due process.

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.

Motion for Reconsideration in NLRC Cases: A Jurisdictional Requirement, Not a Mere Technicality

Filing a Motion for Reconsideration with the NLRC is mandatory before seeking certiorari. Missing this step can be fatal to an otherwise meritorious case.

Motion for Reconsideration Deadlines in Labor Cases: The CEU Lesson

Learn how a missed Motion for Reconsideration deadline made a labor decision final and executory in Centro Escolar University v. NLRC.

Vote Buying and Disqualification: Nolasco vs. COMELEC Explained

What happens when a winning candidate is disqualified for vote buying? The Nolasco case clarifies succession and election law.

Motion for Reconsideration: Why a Notice of Hearing Is Crucial in Philippine Courts

A motion for reconsideration without a notice of hearing is pro forma and will not stop the appeal period. Learn the rule and the De la Peña case.