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 649672 of 688 articles for procedure

Employee vs. Partner in the Philippines: The Villaruel Case on Proof of Partnership

When is a worker an employee, not a partner? The Villaruel case clarifies the burden of proof and protects workers' labor rights.

Prosecutorial Discretion vs Court Authority: Navigating Criminal Case Dismissals in the Philippines

Philippine Supreme Court clarifies the balance between prosecutorial discretion and judicial authority in dismissing criminal cases after information is filed.

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.

The Limits of Mission Orders: When Can Civilians Carry Firearms Legally in the Philippines

Philippine Supreme Court ruling on mission orders, civilian firearm possession, and the limits of authority to issue gun permits.

Lis Pendens in the Philippines: When a Defendant Can Protect Property Rights

Learn when a defendant can register a notice of lis pendens in the Philippines, even without a registered title, based on a Supreme Court ruling.

Illegal Firearm Possession: Understanding the Nuances of Philippine Law

Learn how Philippine courts decide illegal firearm possession cases, from warrantless searches to penalties under RA 8294.

Automatic Review of Death Penalty Cases Safeguards Justice Regardless of the Accused's Actions

The Supreme Court clarifies that automatic review of death penalty cases ensures justice and due process, independent of the accused's conduct or character.

Due Process in Employee Dismissal: What Philippine Law Requires

Philippine law requires both just cause and due process for valid dismissal. Learn the rules from Aquinas School v. Magnaye.

Docket Fees and Jurisdiction: Re-Filing a Case After Dismissal for Improper Venue

When a case is dismissed for improper venue, must new docket fees be paid upon re-filing? The Supreme Court clarifies the rule.

Enrolled Bill Doctrine: Why Courts Respect Congress’s Certification of Laws

Explaining the enrolled bill doctrine through Arroyo v. De Venecia, which affirmed that courts respect Congress’s certification of duly enacted laws.

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.

When Can a Judge Be Disqualified for Bias? Impartiality in Philippine Courts

Philippine Supreme Court explains when a judge's rulings amount to disqualifying bias, and why adverse decisions alone are not enough.

Redemption After Execution Sale: Ownership Disputes Do Not Stop the Clock

Philippine law gives judgment debtors one year to redeem property sold at execution. Ownership disputes do not suspend that deadline.

Sheriff’s Sales in the Philippines: Notice Rules and What Torres v. Cabling Teaches

Learn the notice and payment rules for sheriff’s sales in the Philippines, explained through the landmark case of Torres v. Cabling.

Receivership in the Philippines: When Courts Appoint a Receiver Under Rule 59

Learn when Philippine courts may appoint a receiver under Rule 59, based on the Supreme Court's ruling in Commodities Storage & Ice Plant Corp. v. CA.

Common Carriers and Passenger Safety: The Standard of Extraordinary Diligence in Philippine Law

Philippine law requires common carriers to exercise extraordinary diligence in ensuring passenger safety. This article explains the legal standard and its practical implications.

Lease Abandonment and Tenant Rights: The Paterno v. Court of Appeals Case

The Supreme Court's ruling in Paterno v. Court of Appeals clarifies when a tenant's departure amounts to lease abandonment and what it means for landlords and occupants.

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.

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.

Withdrawing A Guilty Plea: Navigating the Consequences in Philippine Criminal Law

Learn when a guilty plea can be withdrawn in Philippine courts, its mitigating effects, and how aggravating circumstances must still be proven.

Failing to Object to Evidence: Waiver Rules in Philippine Criminal Cases

Philippine Supreme Court explains why silence on inadmissible evidence means waiver, and how death before final judgment extinguishes liability.

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.

Losing Control: Understanding Loss of Jurisdiction After Appeal in Philippine Courts

When a case is appealed, the trial court loses jurisdiction. This administrative case explains the rule and its limits.

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.