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 994 articles for motion

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.

Usury Law Suspension, Freedom to Contract, and Unconscionable Interest Rates in Loan Agreements

Philippine Supreme Court ruling on whether courts can reduce interest rates agreed upon by parties after the Usury Law suspension.

Relief From Judgment Confined to Trial Courts, Not Extended to Court of Appeals

Supreme Court clarifies that relief from judgment under Rule 38 applies only to trial courts, not the Court of Appeals.

Optional Retirement and Illegal Dismissal: The Ondevilla Case on Security of Tenure

The Supreme Court clarifies when an employee's early retirement is voluntary, and the rights of illegally dismissed employees who reach compulsory retirement age.

Missed Your Appeal Deadline Philippine Supreme Court ON Finality OF Judgments 2

Learn how the Supreme Court protected a litigant's right to document production in Santos v. PNB, clarifying trial court discretion and NBI examination requirements.

Unveiling Forgery: Securing Document Examination in Philippine Courts

Learn how Philippine courts handle forgery claims, document production, and NBI examination under Rule 27, based on a 2002 Supreme Court ruling.

Forgery Claims and Document Production: The Right to Examine Evidence in Court

When can a court deny a motion to examine documents for forgery? The Supreme Court clarifies the limits of judicial discretion.

Homicide or Murder: Proving Intent and the Weight of Dying Declarations

The Supreme Court clarifies when a killing is homicide, not murder, and how dying declarations identify an assailant.

Ensuring Proper Summons: Why Defective Service Can Dismiss Your Case in the Philippines

Learn how defective summons service can void court proceedings and why proper service is crucial in Philippine civil and criminal cases.

How the Supreme Court Sanctions Judicial Delay and Prosecutorial Nonfeasance in Criminal Cases

The Supreme Court annulled an acquittal tainted by prosecutorial nonfeasance and judicial delay, reaffirming due process for offended parties.

Dismissal for Failure to File Brief: Procedural Rules Bind Litigants in Philippine Courts

Philippine Supreme Court upholds dismissal of appeal for failure to file brief on time, affirming that negligence of counsel binds the client.

Execution Pending Appeal: Balancing Public Interest and Court Discretion in Insurance Claims

When can a winning party execute a judgment while the appeal is pending? The Supreme Court explains the "good reasons" standard in this insurance dispute.

Attorney Negligence: When a Lawyer's Lapses Cost Clients Their Case

Philippine Supreme Court suspends lawyer for six months for failing to file briefs, costing clients their property in a recovery case.

Rape and Resistance: Why Full Penetration and Hymen Rupture Are Not Required in Philippine Law

Philippine Supreme Court clarifies that rape is consummated by mere penile entry into the labia, not full penetration or hymen rupture.

Expediting Justice: Holding Judges Accountable for Case Delays

The Supreme Court affirms sanctions against a Sandiganbayan Presiding Justice for gross inefficiency, underscoring that judges must decide cases within 90 days.

Eyewitness Testimony vs. Alibi: Proving Guilt Beyond Reasonable Doubt in Murder Cases

How a credible eyewitness account outweighs alibi and denial in Philippine murder convictions, per People v. Ticalo.

Judicial Accountability Balancing Independence AND Diligence IN Case Resolution

The Supreme Court clarifies that the 60-day period for filing certiorari is counted from receipt of the denial of a motion for reconsideration.

Online Psychological Abuse Under RA 9262: High Court Sets Rules on Social Media Evidence

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

Double Jeopardy and Modification of Criminal Penalties: Protecting the Accused

The Supreme Court rules that courts cannot increase a convicted person's penalty on the prosecution's motion, citing double jeopardy protections.

Special Appearance and Summons: When It Does Not Mean Consent to Jurisdiction

Philippine Supreme Court clarifies that special appearances to question summons do not waive jurisdictional objections, and substituted service has strict rules.

Publicity vs Fair Trial: Reassessing Damages in Heinous Crime Convictions

The Supreme Court clarifies that pervasive media coverage does not automatically deny an accused a fair trial, and adjusts excessive damage awards.

Dismissal for Judicial Misconduct: Impartiality and Diligence in Granting Hospital Confinement

A judge's dismissal for granting hospital confinement without hearing shows why diligence and impartiality are non-negotiable in every judicial act.

Foreclosure and the Right to Possession: Protecting Bank Assets in Liquidation

A bank in liquidation can still seek a writ of possession over foreclosed property. Learn the rules on jurisdiction, intervention, and redemption.

Premature Execution Judgment Required Before Enforcing Court Orders

Philippine Supreme Court rules that a writ of execution requires a final judgment, voiding premature enforcement in David v. Velasco.