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 553576 of 613 articles for procedure

Credible Witness Testimony: How Philippine Courts Convict in Murder Cases

Philippine courts can convict on the testimony of a single credible witness. This article explains the rule and its limits.

Certiorari vs Appeal: Choosing the Right Remedy in Philippine Courts

Learn when to file certiorari versus appeal in Philippine courts, based on the Supreme Court's ruling in Asian Trading Corporation v. Court of Appeals.

When Posting Bail Means You Consent to Court Jurisdiction: Key Insights for the Accused

Posting bail can waive objections to a court's jurisdiction, even if the arrest warrant was invalid. Learn the rules from a Philippine Supreme Court case.

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.

Court Discretion and Deadlines: Why Philippine Courts Can Deny Postponements and Cost You Your Case

Learn from the Pepsi Number Fever case why Philippine courts can deny postponements and declare waiver of evidence rights.

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.

Philippine Courts and Foreign Defendants: How Voluntary Appearance Can Establish Jurisdiction

A look at Villareal v. CA: when a non-resident defendant voluntarily appears in court, jurisdiction over the person is established.

Credibility of Child Witnesses in Rape Cases: People v. Calma

How Philippine courts weigh child testimony in rape cases, and what People v. Calma teaches about credibility, evidence, and justice for minors.

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.

Robbery vs. Highway Robbery in the Philippines: Key Distinctions Explained

Philippine law distinguishes simple robbery from highway robbery under P.D. 532. Learn how the Supreme Court clarified this crucial difference.

Retrenchment in the Philippines: Avoiding Illegal Dismissal Claims

The Supreme Court explains the substantive and procedural requirements for valid retrenchment in the Philippines, and why weak evidence leads to illegal dismissal.

Security of Tenure for Tenant Farmers: Upholding Leasehold Rights in the Philippines

The Supreme Court reaffirmed tenant farmers' security of tenure, ruling that land sale does not extinguish agricultural leasehold rights.

Public Land vs Private Ownership in the Philippines: Land Classification and Acquisition

Understand how Philippine law distinguishes public land from private property, and the rules on classification and acquisition.

Final Judgment Is Final: Understanding Annulment of Judgment in the Philippines

When can a final criminal judgment be annulled? The Supreme Court explains the limits of annulment of judgment and due process.

Ignorance Is No Defense: Death Penalty and Drug Importation in the Philippines

The Supreme Court affirms the death penalty for a woman caught importing shabu, ruling that ignorance of the drugs' presence is not a valid defense.

Writ of Possession in Expropriation: When Demolition Is Implied | Philippine Law

In expropriation cases, a writ of possession can include the power to demolish structures. Learn the rule from Knecht v. Desierto.

Minor Inconsistencies and Witness Credibility in Philippine Rape Cases

How Philippine courts treat minor inconsistencies in rape victim testimony, and why small discrepancies can strengthen rather than destroy credibility.

Preliminary Investigation as a Substantive Right: The Duterte v. Sandiganbayan Doctrine

The right to preliminary investigation is substantive, not a mere formality. Duterte v. Sandiganbayan shows how its violation can void criminal charges.

Unreliable Affidavit? Why Courtroom Testimony Reigns Supreme in Philippine Criminal Cases

In People v. De Guzman, the Supreme Court ruled that courtroom testimony prevails over affidavits and police reports, explaining why.

Counterclaims After Complaint Dismissal: Philippine Rules Explained

Learn when counterclaims survive dismissal of the main complaint under Philippine civil procedure, based on the Fletcher Challenge case.

Cross-Examination Essentials: Why Properly Impeaching a Witness Testimony Is Crucial in Philippine Courts

Learn the proper way to impeach a witness in Philippine courts, based on the Supreme Court's ruling in People v. De Guzman.

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.

Justice Delayed Rights Denied Understanding Judicial Delay AND Injunction Bonds IN Philippine Courts

Philippine Supreme Court clarifies venue rules in labor cases, prioritizing worker convenience and substantial justice over technicalities.