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 481504 of 510 articles for delay

Failure of Election Under Philippine Law: Grounds and Remedies Explained

Learn the limited grounds for declaring a failed election under Philippine law and the proper remedies available to candidates and voters.

Illegal Recruitment in the Philippines: Employer Duties and Employee Rights

Understand illegal recruitment in the Philippines, employer responsibilities, and employee rights based on a recent Supreme Court ruling.

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.

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.

Equitable Mortgage vs. Pacto de Retro Sale: When a "Sale" Is Really a Loan

Philippine law presumes certain "sales with right to repurchase" are equitable mortgages, protecting borrowers from unfair lending arrangements.

Extrajudicial Settlements and the Protection of Minor Heirs' Rights in the Philippines

Learn how Philippine courts protect minor heirs in extrajudicial settlements, and why a minor's share cannot be lost through prescription or laches.

The Duty to Prosecute Appeals: Why Inaction Can Get Your Appeal Dismissed in the Philippines

Philippine law requires appellants to actively prosecute their appeals. Learn why waiting for court notices can lead to dismissal.

Execution Pending Appeal in Philippine Election Protests: When Can a Winner Take Office Immediately

Philippine Supreme Court ruling on when execution pending appeal is allowed in election protests, and why COMELEC can stop a premature assumption of office.

When Is a Lawyer Liable for a Missed Appeal? Lessons from Sattar v. Lopez

The Supreme Court clarifies when a lawyer may be disciplined for a missed appeal, and when the client's own neglect is to blame.

Counterclaims in Criminal Cases: When Can the Accused Seek Damages?

The Supreme Court in Cabaero v. Cantos clarifies when an accused may file a counterclaim for damages in a criminal case, and when a separate civil action is required.

Self-Defense Claims in Parricide and Rape Cases: What the Supreme Court Says

A father convicted of raping his daughter claimed self-defense. The Supreme Court explains why this defense fails in parricide and rape cases.

Service of Court Decisions in the Philippines: The Laza Case and Due Process

Learn how Philippine courts rule on valid service of decisions, the "sufficient discretion" standard, and the Laza v. Court of Appeals case.

Exhaustion of Administrative Remedies: When Can You Skip It

Philippine Supreme Court ruling on when courts may excuse failure to exhaust administrative remedies, and why premature court actions get dismissed.

Withdrawing a Criminal Appeal in the Philippines: Rights and Limits After Conviction

Can a convicted person withdraw a criminal appeal in the Philippines? People v. Redulosa explains the right, limits, and consequences.

Laches and Prescription in Land Cases: What the Supreme Court Said in Españo v. Court of Appeals

The Supreme Court explains why laches and prescription are factual defenses that usually require full trial, not summary dismissal.

Justice Delayed: The Right to Speedy Disposition of Cases in the Philippines

The Supreme Court rules that a six-year delay by the Ombudsman violates the constitutional right to speedy disposition of cases, citing Angchangco.

Gross Negligence of Counsel: When Can a Client Get a New Trial in the Philippines?

When a lawyer's repeated absences prevent a client from presenting defense evidence, the Supreme Court may order a new trial to protect due process.

Judicial Recusal: Understanding Bias and Impartiality in Philippine Courts

The Supreme Court clarifies when judges must inhibit and why late motions to disqualify are frowned upon.

Why Delayed Election Protests Violate Judicial Duty: Lessons from A.M. No. MTJ-95-1033

A judge's 19-month delay in resolving a barangay election protest was ruled gross inefficiency. Learn the mandatory deadlines and standards.

Juvenile Justice Understanding Mitigation AND Criminal Liability IN THE Philippines

How Philippine courts treat juvenile offenders, minority as mitigating circumstance, and criminal liability under the law.

Judicial Misconduct: Neglect of Duty and Insubordination in Philippine Courts

A Supreme Court ruling on a judge's failure to follow procedural rules and obey a superior's directive, resulting in a fine.

Consent and Rape: Understanding the Nuances of Sexual Assault in the Philippines

The Bawar case shows how Philippine courts weigh consent, credibility, and behavior in rape cases—crucial for understanding sexual assault law.

Liability for Damage to Stored Goods: Negligence and Interest Rates Explained

A warehouse operator's negligence can mean paying for damaged goods. Learn the rules on liability and the correct interest rates.

Mandamus vs. Quo Warranto: Choosing the Right Remedy for Public Office Disputes

Learn when to file mandamus or quo warranto in Philippine law, and how the Supreme Court's ruling in Garces v. CA guides the choice.