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 673696 of 1,221 articles for pea

Certiorari vs Appeal: Choosing the Right Remedy Against Shari'a Court Resolutions

A Supreme Court ruling clarifies why certiorari cannot substitute for a lost appeal, using a Shari'a court dispute as the case study.

Failure to Appear at Judgment Promulgation: Losing Legal Remedies in Criminal Cases

In criminal cases, skipping judgment promulgation without justifiable cause forfeits remedies like appeal or reconsideration. The Supreme Court explains.

Union Rights vs Managerial Prerogatives: Defining Supervisory Roles in Labor Law

Philippine Supreme Court clarifies who counts as a supervisory employee eligible to join a union, and the proper remedy for appealing labor decisions.

Limits on Self-Representation When a Lawyer Is Required in Court

Philippine Supreme Court clarifies when a party may appear without counsel and why mixing self-representation with a lawyer's appearance is not allowed.

Untangling Appeal Deadlines: Why Missing a Memorandum Matters

A missed appeal deadline due to lawyer negligence can be fatal. Learn the rules on relief from judgment in Philippine civil procedure.

Habeas Corpus Requires Proof of Illegal Detention, Not Just Disappearance

Philippine Supreme Court ruling clarifies that habeas corpus requires proof of actual detention, not merely a person's disappearance.

Contempt of Court and Administrative Dismissals: Balancing Executive Action and Judicial Process

When can a government official be cited for contempt for implementing an administrative dismissal pending appeal? The Supreme Court explains the limits.

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.

Morality vs Misconduct: Defining the Boundaries of Public Service Decorum

The Supreme Court clarifies when private immorality becomes administrative misconduct, and why certiorari cannot replace a lost appeal.

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.

Dismissed Appeal: Why Following Court Rules Matters in Philippine Litigation

A Supreme Court ruling shows why procedural rules matter: a Rule 43 petition wrongly filed against a DOJ resolution was dismissed.

Executive Privilege vs Legislative Oversight: Defining the Limits of Presidential Power

The Supreme Court struck down E.O. 464's blanket ban on executive officials appearing before Congress, clarifying the proper scope of executive privilege in legislative inquiries.

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.

Dismissal for Failure to Prosecute: When Procedural Lapses Cost the Case

Philippine Supreme Court clarifies dismissal for failure to prosecute, final orders, appeal remedies, and the mandatory 15-day period for motions for reconsideration.

The Fresh Period Rule: Resetting Appeal Deadlines After a Motion for Reconsideration

Learn how the Fresh Period Rule gives litigants a new 15-day window to appeal after a motion for reconsideration is denied.

Arbitration Decisions in the Philippines: Jurisdiction and Appeal Options Explained

Learn how to properly appeal arbitration awards in the Philippines, including which court has jurisdiction and the correct remedies available.

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.

Untangling Tax Assessment Appeals: Deadlines and Excusable Neglect

A bank missed the 30-day window to appeal its tax assessment to the CTA. The Supreme Court explains why deadlines are jurisdictional and when relief is unavailable.

Lost Appeal: Why Missing Deadlines in Philippine Courts Can Be Fatal to Your Case

A Supreme Court ruling shows how missed deadlines and a wrong remedy can end a case permanently, even with a meritorious appeal.

Why Exhausting Administrative Remedies Matters in Philippine Property Disputes

Learn from a 2006 Supreme Court ruling why skipping administrative appeals before going to court can be fatal to a property case.

Supreme Court on Lost Appeals: Certiorari Cannot Replace a Missed Appeal

The Supreme Court rules that a petition for certiorari cannot substitute for a lost appeal, affirming dismissal of a case for procedural lapses.

Execution Pending Appeal in the Philippines: When Can a Judgment Be Enforced Immediately

Philippine Supreme Court explains when execution pending appeal is allowed and why "good reasons" must be compelling, not merely convenient.

Service of Summons on Corporate Employees: What Aboitiz v. PCIC Teaches About Jurisdiction

The Supreme Court clarifies when service of summons on a corporate employee is valid and why a Rule 38 petition for relief is not a substitute for appeal.

Peaceful Assembly in the Philippines: Know Your Rights and Permit Requirements After Bayan v. Ermita

The Supreme Court upheld the permit requirement for rallies but struck down the Calibrated Preemptive Response policy. Learn your rights.