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 84 articles for notice and hearing

Extradition and Due Process: Bail Cancellation Rights in the Philippines

Philippine Supreme Court ruling on when bail in extradition cases can be cancelled, and the due process rights of prospective extraditees.

Sheriff Misconduct and Illegal Demolition: Upholding Due Process in Philippine Law

When can a sheriff demolish structures not named in a writ? The Supreme Court clarifies due process limits on demolition orders.

Mootness in Philippine Courts: Understanding Case Dismissal and Justiciable Controversy

Learn how Philippine courts handle moot cases, the justiciable controversy requirement, and what Easycall v. King teaches about jurisdiction.

When Can an Employee Be Dropped From the Rolls? Understanding AWOL and Due Process

The Supreme Court explains when government employees may be dropped from the rolls for AWOL without prior notice or hearing.

When Are Clients Bound by Their Lawyer’s Actions? Philippine Supreme Court Explains

Philippine Supreme Court ruling explains when a client is bound by a lawyer's negligence or refusal to receive court notices.

Succession in Public Office: Enforcing Court Orders Against a Deceased Official's Successor

When a public officer dies, can a court order be enforced against the successor? The Supreme Court clarifies substitution rules.

When Is a Judge Liable for Ignorance of the Law? Lessons from Barredo-Fuentes v. Albarracin

The Supreme Court clarifies that judges are not liable for mere legal errors absent bad faith, and warns against harassment suits.

Judicial Overreach: The Limits of Injunction Power in Philippine Courts

A Supreme Court ruling on a judge's void writ of injunction clarifies the territorial and procedural limits of injunctive relief in the Philippines.

Standing to Sue: When an Appointee Can Challenge a Disapproved Civil Service Appointment

An appointee has legal standing to challenge a CSC disapproval of an appointment, but must still possess the required eligibility.

Transfer of Employees Is a Valid Managerial Prerogative Unless Done in Bad Faith

The Supreme Court explains when an employee transfer amounts to constructive dismissal and when it is a valid exercise of management prerogative.

Lawyers Cannot Claim Ignorance of Basic Procedures to Abandon Client Obligations

Philippine Supreme Court rules a lawyer's claim of ignorance in filing a motion for reconsideration is no excuse for neglecting a client's case.

Neglect of Duty as Conduct Unbecoming: Grounds for Police Officer Dismissal

When does a police officer's neglect of duty become conduct unbecoming, justifying summary dismissal? The Supreme Court explains in Zacarias v. Napolcom.

Electoral Protests: COMELEC's Power to Correct Errors and the Essence of Due Process

Learn how the Supreme Court ruled on COMELEC's authority to correct canvass errors and what due process truly requires in election cases.

Can a Non-Party Be Bound by an Injunction? The Due Process Rule

A preliminary injunction binds only parties to the case. Here's what Mabayo Farms v. Santos means for due process.

Safeguarding the Ballot: Unauthorized Polling Place Transfers and Election Integrity in the Philippines

When can moving a polling place invalidate an election? The Supreme Court explains the rules on unauthorized transfers and election integrity.

Bouncing Checks AND DUE Process Actual Notice Required FOR Conviction

A writ of execution requires a final judgment; issuing one before trial violates due process and is void.

Safeguarding Free Speech: The Unconstitutionality of Election Survey Publication Bans in the Philippines

Why the Supreme Court struck down the ban on publishing election surveys before elections as an unconstitutional prior restraint on free speech.

Demolition Requires Special Court Order: Morta v. Sañez and Due Process

A writ of execution does not authorize demolition. A special court order after notice and hearing is required under Rule 39, Section 10(d).

Correcting Manifest Errors in Election Returns: The Angelia Case

How COMELEC can correct obvious tallying errors in election returns even after proclamation, and why due process still matters.

Due Process and Judicial Conduct: When Speedy Action Becomes Abuse of Authority

A judge who ruled on a motion before the scheduled hearing was fined for violating due process. Learn the rules on notice and hearing.

Due Process Denied: The Importance of Hearing Notices in Default Orders Under Philippine Law

Philippine Supreme Court ruling on default orders without hearing notices, and the duty of clerks of court in safeguarding due process.

Breach of Trust: Safeguarding Employee Rights in Termination Cases

Philippine Supreme Court ruling on dismissal of court employees for immorality, highlighting integrity standards and due process in administrative cases.

Injunctions and Property Rights: Safeguarding Possession in Philippine Law

Philippine law protects possession through injunctions and property rights. This article explains how courts balance these interests.

Extradition and Due Process: Balancing Treaty Obligations and Individual Rights in the Philippines

The Supreme Court ruled that a prospective extraditee enjoys basic due process rights—notice and hearing—even during the executive evaluation stage of extradition proceedings.