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 529552 of 793 articles for abuse of discretion

Corporate Asset Purchases and Prior Presidential Approval: DBP v. COA

Explaining the Supreme Court ruling in DBP v. COA on prior presidential approval for government corporate vehicle purchases and disallowance.

Certiorari Limits: When Factual Errors Do Not Justify Supreme Court Intervention

The Supreme Court clarifies that Rule 45 certiorari cannot correct mere factual errors, only grave abuse of discretion.

Motion to Defer Arraignment Denied: Understanding Grave Abuse of Discretion in Philippine Courts

When can a judge's refusal to postpone arraignment amount to grave abuse of discretion? The Supreme Court explains the limits of judicial discretion.

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.

Probable Cause in Search Warrants: Lessons from the Marlboro Counterfeit Case

When is a search warrant valid in IP cases? The Supreme Court clarifies probable cause standards in People v. Choi.

Mayor's Personal Deposit of Municipal Checks: Official Misconduct and Probable Cause

Supreme Court ruling on when a mayor's deposit of municipal checks into a personal account constitutes probable cause for graft under RA 3019.

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.

Behest Loans and the Ombudsman's Discretion: When Courts Refuse to Intervene

The Supreme Court affirms the Ombudsman's dismissal of behest loan charges against DBP officials, underscoring the wide discretion given to the Ombudsman in determining probable cause.

Quieting Title and Due Process: Notice of Raffle and Voluntary Submission to Jurisdiction

Learn how notice of raffle and voluntary appearance affect jurisdiction in quieting title cases, based on a 2006 Supreme Court ruling.

When Certiorari Cannot Replace a Lost Appeal: Villanueva v. Quisumbing

Supreme Court clarifies that certiorari cannot substitute for a lost appeal, and distinguishes grave misconduct from disgraceful and immoral conduct.

Mandamus and Discretionary Powers: Can Courts Compel Agency Action?

Explaining the limits of mandamus in Philippine law, when courts can compel agency action, and the doctrine of qualified political agency.

SEC Cease and Desist Orders: When Regulatory Action Violates Due Process

The Supreme Court ruled the SEC acted with grave abuse of discretion by issuing a cease and desist order without proper investigation.

Extinguishment of Debt by Overpayment and Nullification of Extrajudicial Foreclosure

When overpayment extinguishes a mortgage debt, a foreclosure based on alleged default has no legal basis and may be voided.

Exhaustion of Administrative Remedies: When Can You Skip the Bureaucracy and Go to Court

Philippine Supreme Court explains the doctrine of exhaustion of administrative remedies and its exceptions, using a GSIS dismissal case as an example.

Prescription and Foreclosure: Understanding Timelines in Philippine Mortgage Law

Learn when prescription bars mortgage foreclosure actions in the Philippines, and why courts—not litigants—decide the issue.

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.

When Judges Must Dismiss Cases: The 90-Day Rule and Judicial Accountability in the Philippines

Philippine judges have a constitutional 90-day period to decide cases. This article explains the rule, its exceptions, and what happens when judges delay.

Certiorari as an Improper Substitute for Appeal: Jurisdictional Errors in Philippine Law

When can a party use certiorari instead of appeal? The Supreme Court clarifies the limits of Rule 65 remedies.

Gross Negligence of Counsel Can Justify New Trial in Criminal Cases

When a lawyer's gross negligence deprives an accused of due process, courts may reopen the case for a fair trial.

Execution Pending Appeal in Election Cases: When "Good Reasons" Are Not Enough

The Supreme Court clarifies when execution pending appeal in election cases is allowed and why "good reasons" must be clearly established.

Writ of Prohibition in Philippine Courts: Protecting Rights From Court Overreach

Learn how the Supreme Court defines the proper use of prohibition writs and protects non-parties from court orders exceeding jurisdiction.

Regularization of Employees and Business Closure: Key Labor Law Lessons

Understand employee regularization rules, contractual obligations, and valid business closure under Philippine labor law.

When Courts Deny Postponements: Due Process in Philippine Litigation

A Supreme Court ruling on when denying a motion for postponement violates due process, and what parties must show to get a resetting.

Navigating Philippine Warrants of Arrest: When Can a Court Act on Your Motion

Philippine Supreme Court clarifies when courts can act on motions to quash warrants of arrest, distinguishing custody of law from jurisdiction over the person.