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 49–59 of 59 articles for “petition for certiorari”

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Nov 24, 1999 labor law nlrc appeal appeal bond illegal dismissal employer rights

NLRC Appeal Bond Rules: Why Missing the Deadline Kills Your Labor Appeal

Learn why failing to post the NLRC appeal bond on time can dismiss your labor appeal, and how the DORELCO case shapes the rules.

Oct 21, 1999 execution pending appeal rules of court civil procedure appeals philippine litigation

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

Learn when Philippine courts may allow execution pending appeal, the good reasons required, and the safeguards protecting a losing party's right to appeal.

Oct 4, 1999 estate law legal personality probate claims against estate civil procedure debt collection

Suing a Deceased Person in the Philippines: Estate Claims and Legal Personality Rules

Can you sue a deceased person's estate in the Philippines? Learn the legal personality rules and proper probate procedure for collecting debts from an estate.

Oct 3, 1999 labor law service incentive leave field personnel fishermen constructive dismissal sea-based workers

Fishermen Are Not Field Personnel: Service Incentive Leave for Sea-Based Workers

Supreme Court ruling clarifies that supervised fishermen are not "field personnel" and are entitled to service incentive leave under Philippine law.

May 17, 1999 mortgage foreclosure debtor death extrajudicial foreclosure estate claims real estate law

Mortgage Foreclosure After Death of a Debtor: Creditor Options in the Philippines

When a mortgagor dies, creditors have three legal options. Learn how extrajudicial foreclosure works under Philippine law.

Feb 14, 1999 certiorari appeal civil procedure rule 65 philippine litigation

Certiorari vs Appeal: Choosing the Right Remedy in Philippine Courts

Learn when to file certiorari versus appeal in Philippine courts, based on the Supreme Court's ruling in Asian Trading Corporation v. Court of Appeals.

Dec 15, 1998 appeal deadline rules of court jurisdictional period finality of judgment civil procedure batara v court of appeals

Missed Appeal Deadlines in the Philippines: Strict Rules, Rare Exceptions

Philippine courts strictly enforce the 15-day appeal period. Missing it can end a case, with only truly exceptional circumstances excusing delay.

Sep 24, 1998 civil procedure forum shopping dismissal without prejudice certificate of non-forum shopping res judicata supreme court ruling

Refiling a Dismissed Case in the Philippines: When a Technical Dismissal Is Not Final

A Philippine Supreme Court ruling explains when a procedural dismissal is without prejudice, allowing a case to be refiled.

Mar 26, 1998 labor law nlrc motion for reconsideration certiorari procedural rules

Motion for Reconsideration in NLRC Cases: A Jurisdictional Requirement, Not a Mere Technicality

Filing a Motion for Reconsideration with the NLRC is mandatory before seeking certiorari. Missing this step can be fatal to an otherwise meritorious case.

Aug 6, 1997 labor law motion for reconsideration nlrc procedural rules certiorari illegal dismissal

Motion for Reconsideration Deadlines in Labor Cases: The CEU Lesson

Learn how a missed Motion for Reconsideration deadline made a labor decision final and executory in Centro Escolar University v. NLRC.

Dec 22, 1996 labor law certification election collective bargaining agreement contract bar rule supreme court

Contract Bar Rule Explained: Certification Elections and CBAs in the Philippines

Learn how the contract bar rule limits certification elections during a CBA's term, based on the Formey Plastic case.