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 112 articles for pending appeal

Death Pending Appeal Extinguishes Criminal and Civil Liability: People v. Paniterce

When an accused dies while appeal is pending, both criminal and civil liability ex delicto are extinguished under Article 89 of the Revised Penal Code.

Reinstatement Pending Appeal: When a Reversed Labor Arbiter Ruling Still Means No Refund

Philippine Supreme Court ruling on reinstatement pending appeal, payroll reinstatement, and when reversed labor arbiter decisions require no salary refund.

Reinstatement Pending Appeal Employees Right TO Wages Despite Subsequent Reversal

When a labor arbiter orders reinstatement pending appeal, the employee is entitled to wages even if the decision is later reversed on appeal.

Bail Pending Appeal After Conviction: Why Discretion Is Not Automatic

Explaining the Supreme Court ruling in Leviste v. Court of Appeals on bail pending appeal, judicial discretion, and the limits of certiorari.

Status Quo Orders in Election Protests: COMELEC’s Power to Enjoin Execution Pending Appeal

Learn how the Supreme Court affirmed COMELEC’s authority to maintain status quo and stop execution pending appeal in election protests.

Landowners Can Withdraw Revalued Compensation Pending Agrarian Dispute Resolution

Supreme Court affirms landowners' right to withdraw revalued compensation pending appeal in agrarian cases, citing just and timely payment principle.

Receivership as a Remedy: When Courts Can Appoint One Pending Litigation

The Supreme Court clarifies when courts may appoint a receiver pending appeal, emphasizing that receivership is a harsh remedy reserved for extreme cases.

Upholding Electoral Mandates: Respecting Trial Court Decisions in Election Protests

The Supreme Court rules that COMELEC gravely abused its discretion in setting aside a trial court's execution pending appeal in an election protest.

Execution Pending Appeal in Barangay Election Contests: The San Miguel v. Comelec Rule

Supreme Court clarifies the timing rules for execution pending appeal in barangay election contests under Section 11, Rule 14.

Execution Pending Appeal: Clarifying the Timeline for Election Contests in the Philippines

The Supreme Court clarifies when courts may issue execution pending appeal in election contests, resolving a common procedural misunderstanding.

Dissolution of Preliminary Injunction When Dismissal Trumps Pending Appeal

A preliminary injunction ends automatically when the trial court dismisses the main case, even if an appeal is pending. Here's why.

Execution Pending Appeal: Weighing Discretion and Protecting Creditors' Rights in Philippine Courts

Philippine Supreme Court ruling on final judgments, execution, and the limits of challenging a labor arbiter's writ of execution.

Execution Pending Appeal and the Motion for Reconsideration Rule

Philippine Supreme Court clarifies when discretionary execution may issue and why a pending motion for reconsideration bars it.

Execution Pending Appeal Barred by Unresolved Motion for Reconsideration

Philippine Supreme Court rules that a pending motion for reconsideration prevents discretionary execution of a trial court judgment.

Reinstatement Pending Appeal: Employer Obligations and the Corporate Rehabilitation Exception

When can a company under rehabilitation skip payroll reinstatement? The Supreme Court explains the two-fold test for wage claims pending appeal.

Mootness Prevails: Nullification of Execution Pending Appeal After Reversal of Judgment

When the appellate court reverses the main judgment, a pending appeal over execution pending appeal becomes moot. Learn the rule.

Execution Pending Appeal in Election Protests: The Pecson v. COMELEC Standard

The Supreme Court clarifies when trial courts may order execution pending appeal in election contests, and when COMELEC commits grave abuse of discretion in nullifying such orders.

Execution Pending Appeal in Election Protests: Court Personnel Cannot Exercise Judicial Discretion

Supreme Court clarifies that court personnel cannot exercise judicial discretion in granting execution pending appeal in election contests.

Upholding Judicial Efficiency Consequences FOR Undue Delay IN Case Resolution

The Supreme Court annuls a COMELEC ruling that nullified execution pending appeal in an election protest, clarifying the standards for the remedy.

Fresh Period Rule Applies Retroactively to Pending Appeals

The Supreme Court clarifies that the Neypes fresh period rule applies retroactively to pending cases, allowing late appeals to proceed.

Procedural Lapses and Employee Reinstatement: Balancing Justice and Technicalities in Labor Disputes

A Supreme Court ruling on how procedural lapses in labor cases should not defeat substantive justice, and the rules on immediate reinstatement pending appeal.

Status Quo Ante Orders: COMELEC's Power to Suspend Execution Pending Appeal in Election Cases

Learn how the Supreme Court upheld COMELEC's power to issue status quo ante orders suspending execution pending appeal in election cases.

When Can a Losing Candidate Face Execution Pending Appeal in Election Cases

Learn the rules for execution pending appeal in election contests, including the good reasons required, based on Diego Lim v. COMELEC.

Substantial Justice Prevails Understanding Motions FOR Extension AND Notice Requirements IN Philippine Appeals

When a defective motion for extension can still save an appeal, and when execution pending appeal is premature in ejectment cases.