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 4972 of 738 articles for motion

When Does Masturbation in Front of a Minor Constitute Child Abuse Under RA 7610

The Supreme Court clarifies the legal boundaries of child abuse under RA 7610, ruling that mere masturbation in front of a minor without proof of severe psychological harm is not enough for conviction

When IPRA Customary Law Claims Collide with Final Judgments: Lessons from Spouses Sending v. Co Uy

The Supreme Court clarifies when indigenous customary laws apply in disputes and why final judgments cannot be overturned through belated IPRA claims.

Motion to Withdraw Information: When Courts Must Assess Evidence Before Dismissal

Courts must independently assess evidence before granting a motion to withdraw information. Learn the rules from a recent Sandiganbayan case.

Protecting Environmental Advocacy: The Limits of SLAPP Suits in Philippine Jurisprudence

Philippine courts define the limits of strategic lawsuits against public participation (SLAPP), balancing environmental advocacy with the right to protect reputations.

Preliminary Attachment in the Philippines: Safeguarding Claims Without Overreach

The Supreme Court clarifies when preliminary attachment is proper, stressing strict compliance with Rule 57 to prevent abuse.

Deficiency Claims After Mortgage Foreclosure: The Prieto v. BPI Ruling

Learn how the Supreme Court's Prieto v. BPI ruling protects borrowers from unproven deficiency claims after mortgage foreclosure in the Philippines.

Serious Illegal Detention of Minors: What Philippine Law Says

Serious illegal detention of a minor is a grave crime in the Philippines. Learn the elements, penalties, and key lessons from a recent Supreme Court ruling.

Economic Abuse Under RA 9262: Intent Matters in Denial of Financial Support Cases

The Supreme Court clarifies that willful intent to cause anguish, not mere financial hardship, is required for economic abuse convictions under RA 9262.

Behest Loans in the Philippines: Understanding Anti-Graft Law and Due Diligence

Learn how Philippine courts define behest loans, the role of RA 3019, and why loan repayment does not erase potential graft liability.

Forcing Title Surrender After a Property Sale: What the Law Says

Learn when courts can compel a certificate of title's surrender under the Property Registration Decree, and the key difference between its relevant provisions.

Double Jeopardy in the Philippines: When an Acquittal Becomes Final

Philippine law protects acquitted persons from retrial through double jeopardy. Learn the rule, its narrow exceptions, and key case law.

Disbarment for Defrauding Clients: Lessons from Dizon v. Trinidad-Radoc

When lawyers fabricate cases and misappropriate client funds, the Supreme Court does not hesitate to impose the ultimate penalty of disbarment.

Understanding Special Leave Benefits for Women: Insights From a Landmark Supreme Court Case

A Supreme Court ruling clarifies the procedural requirements for special leave benefits for women, emphasizing the importance of the three-day notice rule in motions.

Judicial Clemency in the Philippines: When a Dismissed Judge Can Be Forgiven

The Supreme Court explains the rules on judicial clemency and when a dismissed judge may recover retirement benefits.

Final and Executory Judgments: The Doctrine of Immutability in Philippine Courts

Once a judgment becomes final and executory, courts cannot revisit it. Learn the doctrine of immutability, its exceptions, and key lessons from a recent Supreme Court ruling.

Supreme Court Acquits Drug Suspects: Strict Chain of Custody Still Required

The Supreme Court acquitted two drug suspects because police failed to justify why the inventory was not done at the arrest site. Learn the rule.

Chain of Custody in Drug Cases: A Broken Link Leads to Acquittal

When police skip the required on-site inventory without justification, the chain of custody breaks and drug convictions may be overturned.

Proving Online Abuse: Social Media Evidence in VAWC Cases

Supreme Court clarifies how to prove authorship of social media posts in VAWC cases and raises penalties when ICT is used.

Online Psychological Abuse Under RA 9262: When Facebook Posts Lead to Higher Penalties

The Supreme Court clarifies how social media posts can constitute psychological abuse under RA 9262, and when ICT use raises the penalty.

When Media Interviews Can Lead to Indirect Contempt: The ABS-CBN v. Ampatuan Ruling

The Supreme Court clarifies the sub judice rule and when media interviews of witnesses may constitute indirect contempt.

Enforcing a Philippine Judgment: Time Limits, Property Levies, and Revival

Learn the 5-year rule for executing judgments in the Philippines, how to revive a dormant judgment, and what property a sheriff can levy.

Direct Assault vs Resistance: Understanding the Nuances in Philippine Law

The Supreme Court clarifies when physical force against police officers amounts to direct assault or only resistance and disobedience under Philippine law.

When Can a Writ of Possession Be Challenged? Supreme Court Clarifies

The Supreme Court nullified a writ of possession in an NGCP expropriation case, ruling that trial courts must first determine the expropriator's authority before issuing the writ.

Due Process and Summons: Supreme Court Ruling on Unresolved Motions for Reconsideration

The Supreme Court clarifies that ignoring a motion for reconsideration violates due process, while explaining how courts acquire jurisdiction over defendants.