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 745768 of 821 articles for abuse of discretion

When Courts May Reopen a Criminal Case After Evidence Is Closed

Philippine Supreme Court ruling on when a trial court may reopen a criminal case after the parties have rested, and the limits of that discretion.

Reopening a Criminal Case After Evidence Is Closed: The Santiago v. Sandiganbayan Guide

When can a court reopen a criminal case to hear more evidence? The Supreme Court explains the limits and the due process rights of the accused.

Reopening a Closed Case: Abuse of Discretion and Due Process in Philippine Courts

When can a court reopen a criminal case after evidence is closed? The Santiago ruling explains the limits and due process requirements.

Sheriffs' Breach of Trust, Integrity, and Accountability in Philippine Public Service

A deputy sheriff who failed to remit collected judgment funds was dismissed for grave dishonesty and serious misconduct, affirming strict standards for court personnel.

Grievance Before Strike: SC Upholds CBA Machinery in Labor Disputes

Philippine Supreme Court rules unions must exhaust CBA grievance and arbitration procedures before declaring a strike, citing San Miguel Corp. v. NLRC.

Strictly Observe Deadlines: Why Missing Appeal Periods Can Cost You Your Case in the Philippines

Learn how missing appeal deadlines or filing late comments can affect your case, and why courts may relax procedural rules only in exceptional circumstances.

Due Process in Employee Dismissal: When Can New Evidence Be Introduced on Appeal?

When can an employer introduce new evidence on appeal in a dismissal case? The Supreme Court explains the limits of due process.

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.

Dismissal of Court Cases for Lack of Prosecution: When Is It Justified in the Philippines

Philippine courts may dismiss cases for lack of prosecution, but only for valid reasons. Learn the rules and limits from a Supreme Court ruling.

Bail Denied When Evidence of Guilt Is Strong in Philippine Capital Offenses

Philippine Supreme Court clarifies when bail must be denied in capital offenses and why trial judges must summarize prosecution evidence.

Payroll Evidence in Philippine Labor Disputes: Ensuring Fair Hearings for Employers

A Supreme Court ruling on payroll evidence in labor disputes, protecting employers' right to present original documents for fair hearings.

Court Discretion and Deadlines: Why Philippine Courts Can Deny Postponements and Cost You Your Case

Learn from the Pepsi Number Fever case why Philippine courts can deny postponements and declare waiver of evidence rights.

Writ of Possession in Eminent Domain: Why Immediate Government Possession Is Key

Learn how the Supreme Court ruled that courts must issue writs of possession promptly in expropriation cases under, even if the government already occupies the property.

Separation of Powers: Why Courts Stay Out of Senate Leadership Disputes

The Supreme Court explains why it dismissed a quo warranto petition challenging the Senate minority leader's selection, citing separation of powers.

Limits of Contempt Power: When Can You Actually Be Held in Contempt of Court in the Philippines

Philippine Supreme Court explains the limits of contempt power—when a court order binds you and when it does not.

Challenging Ejectment Delays: Certiorari When Summary Procedure Fails

Learn when certiorari can challenge indefinite suspension of ejectment cases under the Rules on Summary Procedure, per Go v. Court of Appeals.

Who Bears the Burden of Proof in Philippine Labor Disputes Over Unpaid Wages

A look at Ropali Trading v. NLRC, where the Supreme Court clarified who must prove payment of wages and commissions in labor cases.

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.

Philippine Courts and Foreign Defendants: How Voluntary Appearance Can Establish Jurisdiction

A look at Villareal v. CA: when a non-resident defendant voluntarily appears in court, jurisdiction over the person is established.

Certiorari vs Appeal: The Proper Way to Challenge NLRC Decisions in the Philippines

Learn the correct remedy for questioning NLRC decisions—certiorari under Rule 65, filed with the Court of Appeals, not a direct appeal.

Use It or Lose It: Understanding Abandonment of Mining Claims in the Philippines

Learn how the Supreme Court defines abandonment of mining claims, including annual work obligations, tax payments, and the consequences of non-compliance.

When Courts Review Mining Disputes: The Pearson Doctrine on Abandoned Claims

Explaining the Supreme Court's ruling in Pearson on abandoned mining claims, administrative adjudication, and when courts may review interlocutory orders.

Service by Registered Mail in the Philippines: When Deadlines Start Ticking

Understand when service by registered mail is complete in Philippine courts, and how insufficient postal certifications can protect your right to due process.

Mandatory PCHC Arbitration for Bank Check Disputes in the Philippines

Philippine banks must settle check clearing disputes through PCHC arbitration before going to court, as explained in Allied Banking v. Court of Appeals.