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.
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Candor in the Courtroom: Suspension for Lack of Transparency in Legal Proceedings
A lawyer's failure to disclose a pending motion before another forum led to suspension. Learn the ethical duty of candor.
Due Process in Administrative Proceedings: The Right to Be Heard Before Liability Is Imposed
The Supreme Court reaffirms that administrative due process requires a real opportunity to be heard before liability is imposed, not just a motion for reconsideration.
When the Comelec En Banc Deadlocks: Division Rulings Stand, Not Dismissed
Supreme Court clarifies that a Comelec en banc deadlock on a motion for reconsideration affirms the division's ruling, not dismisses the case.
Demotion by Assignment: Protecting Employees from Constructive Dismissal
When does a transfer become constructive dismissal? The Supreme Court explains how demotion in rank, even without pay cut, violates security of tenure.
Demotion Disguised: Constructive Dismissal and Employee Rights in the Philippines
When a transfer is a demotion in disguise, it amounts to constructive dismissal. Learn the rules from a Supreme Court ruling.
Judge Reprimanded for Undue Delay in Resolving Motions: A Lesson in Judicial Duty
The Supreme Court reminds judges that the 90-day period to resolve motions is mandatory, not optional, and that delay erodes public faith in the judiciary.
Breach of Fiduciary Duty: Attorney Neglect and Suspension From Legal Practice
The Supreme Court suspended a lawyer for two years for neglecting a client's case and failing to file a motion for reconsideration.
Merit vs Entitlement: Supreme Court on Government Promotions and Dishonesty
The Supreme Court rules that impersonation in civil service exams is serious dishonesty, even after resignation from government service.
Motion for Extension of Time: Balancing Strict Rules and Substantial Justice
Philippine Supreme Court ruling on when courts should relax procedural rules on formal offer of evidence to serve substantial justice.
Refusing a Promotion: When It Cannot Be Grounds for Illegal Dismissal
Philippine Supreme Court ruling on when refusing a promotion is a valid right, not insubordination, and its effect on illegal dismissal claims.
Motion for Reconsideration: When Strict Compliance Is Not Required in Philippine Courts
Philippine Supreme Court clarifies when a motion for reconsideration before the NLRC may be excused before filing certiorari.
Demotion Reversal: Salary Differentials Despite Retrenchment and Retirement
Philippine Airlines v. Bichara clarifies that a final judgment on illegal demotion entitles an employee to salary differentials, even after retrenchment and retirement.
Salary Differentials and the Immutability of Judgments: Employee Rights After Illegal Demotion
Philippine Airlines v. Bichara clarifies when courts may adjust a final labor judgment due to supervening events, and the limits of execution.
Disbarment for Gross Misconduct: When a Labor Arbiter Delays Justice
A labor arbiter's two-year delay in acting on a motion for execution and refusal to amend a writ led to his disbarment for gross misconduct and gross ignorance of the law.
Finality OF Judgments Understanding THE Prohibition Against Second Motions FOR Reconsideration
Certiorari Not a Substitute for Appeal: Lessons from Nuque v. Aquino
The Supreme Court reiterates that certiorari cannot replace a lost appeal, and a motion for reconsideration is generally required before filing one.
Certiorari Limitations: Why a Motion for Reconsideration Is Key in Injunction Cases
The Supreme Court clarifies when certiorari lies against injunction rulings and why a motion for reconsideration is essential.
Upholding Finality: Supreme Court Reaffirms Requirements for Valid Motions for Reconsideration in Property Dis
Learn how the Supreme Court protected the finality of judgments and clarified the limits of appellate review in a property mortgage dispute.
Psychological Violence in Domestic Abuse: Defining Emotional Harm Under RA 9262
The Supreme Court clarifies how psychological violence under RA 9262 is proven, focusing on mental anguish rather than physical injury.
Foreclosure Deficiencies: The Bank's Burden of Proof in Loan Recovery
In Metrobank v. CPR Promotions, the Supreme Court ruled that a bank must prove the exact deficiency amount after foreclosure, or lose its claim.
Grave Abuse of Discretion: When Courts Overstep Their Boundaries
Learn when a court's denial of a motion to dismiss amounts to grave abuse of discretion, and when errors are merely judgment calls.
Provisional Dismissal in Drug Cases: When Can the State Revive a Case?
The Supreme Court explains when a provisionally dismissed drug case may be revived without violating double jeopardy, and who may file the revival motion.
Supreme Court Upholds JBC’s Power to Set Qualifications for Judges
The Supreme Court affirms the JBC’s authority to impose a five-year service requirement for judges seeking promotion to higher courts.
Tobacco Sales Promotions: Who Regulates Them After RA 9211?
The Supreme Court rules that the IAC-Tobacco, not the DOH, has exclusive authority to regulate tobacco sales promotions under RA 9211.