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 505528 of 868 articles for motion

Preliminary Investigation Rights and the Definition of Rape: Key Lessons from De Castro

Learn when the right to preliminary investigation is waived and why finger insertion constitutes rape through sexual assault under Philippine law.

Prescription Periods in Labor Disputes: Why Filing on Time and in the Right Court Matters

A Supreme Court ruling on prescription of money claims in labor cases, and why filing in the wrong court can be fatal.

Missed Appeal Deadlines Understanding THE Fresh Period Rule IN Philippine Courts

Learn how the fresh period rule in Neypes v. CA changed appeal deadlines in Philippine courts, giving litigants a full 15 days after denial of a motion for reconsideration.

Illegal Demolition as Grave Coercion: Property Rights and Due Process in the Philippines

When does demolition become a crime? The Sy case shows how unlawful property destruction can constitute grave coercion under Philippine law.

When a Security Guard Can Validly Receive Summons: The Robinson v. Miralles Doctrine

The Supreme Court ruled that substituted service of summons through a security guard can be valid when a defendant obstructs personal service.

Employer Liability for Security Guard Actions: Philippine Law Explained

When can a client be liable for a security guard's wrongful acts? The Supreme Court clarifies the rules on employer liability in the Philippines.

Willful Failure to Pay Just Debts: Disciplinary Risks for Philippine Government Employees

Philippine public servants can face administrative discipline for willful failure to pay just debts, even after settlement. Learn the rules and risks.

Judicial Efficiency vs Due Process: Balancing Speed and Fairness in Case Resolution

A sheriff's failure to implement a writ shows how judicial efficiency and due process must be balanced in Philippine courts.

Consolidation of Cases: Efficiency and Prevention of Conflicting Judgments

Philippine Supreme Court explains when courts may consolidate related cases to avoid conflicting judgments, save time, and promote swift justice.

Substantial Compliance in Appellate Procedure: Balancing Technical Rules and Justice

The Supreme Court relaxes technical rules in labor cases, allowing substantial compliance with Rule 65 and Rule 13 requirements.

Supplemental Complaints and Forum Shopping: Lessons from Young v. Sy

The Supreme Court clarifies when supplemental complaints are allowed and why filing both an appeal and certiorari amounts to forum shopping.

Dilatory Tactics and the Five-Year Rule: When Delaying Execution Backfires

The Supreme Court condemns a losing party's dilatory tactics that delayed execution of a final judgment for years, clarifying the five-year rule on execution by motion.

New Trial After Final Judgment: The Dinglasan Case on B.P. 22 and Procedural Remedies

When can a convicted accused seek a new trial based on newly discovered evidence? The Supreme Court explains the limits.

Finality Prevails: Why Attempts to Reopen a Settled Bouncing Checks Case Fail

The Supreme Court explains why final judgments cannot be reopened through belated claims of newly discovered evidence in a B.P. 22 case.

Motion for Reconsideration: Avoiding Pro Forma Dismissals in Philippine Courts

Learn how Philippine courts treat procedural lapses in motions for reconsideration, and why substantive justice prevails over technicalities.

When Can Cases Be Reassigned? Understanding Judicial Inhibition and Venue Transfer

The Supreme Court clarifies when cases may be transferred to another judge after inhibition, and why venue transfer is not automatic.

Warranty Against Eviction: Why Buyers Must Implead the Seller in Eviction Suits

Buyers who lose property to third-party claims must implead the seller in the eviction suit to enforce the warranty against eviction under Philippine law.

SEC Retains Power to Execute Decisions in Pending Intra-Corporate Cases

Supreme Court rules the SEC may enforce its final decisions in intra-corporate cases retained under Section 5.2 of the Securities Regulation Code.

When Self-Defense Fails: Justifying Force in Lawful Duty Requires Reasonable Response

The Supreme Court clarifies when self-defense and performance of official duty justify killing, and why both failed for PNR security officers.

Default Judgments and Due Process: What Civil Litigants Must Know

A bus company was declared in default for missing trial. The Supreme Court clarified the rules on default, due process, and procedural rights.

Judicial Accountability: Good Faith Exception for Erroneous Judgments

Philippine Supreme Court clarifies that judges cannot be disciplined for erroneous rulings made in good faith, absent fraud or malice.

Unfair Labor Practice Dismissals: Employee Rights to Moral and Exemplary Damages

Supreme Court ruling on unfair labor practice dismissals, moral damages, and the rule against splitting causes of action in the Philippines.

Default Judgment Consequences of Missing Pretrial in Philippine Courts

Learn how skipping pretrial can lead to default judgment in Philippine courts, and what the Ramientas v. Reyala case says about procedural rules.

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.