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 817840 of 846 articles for procedure

Lease Abandonment and Tenant Rights: The Paterno v. Court of Appeals Case

The Supreme Court's ruling in Paterno v. Court of Appeals clarifies when a tenant's departure amounts to lease abandonment and what it means for landlords and occupants.

The Duty to Prosecute Appeals: Why Inaction Can Get Your Appeal Dismissed in the Philippines

Philippine law requires appellants to actively prosecute their appeals. Learn why waiting for court notices can lead to dismissal.

NTC Collegiality: How the Supreme Court Settled Regulatory Decision-Making in Philippine Telecoms

The Supreme Court ruled the NTC is a collegial body; a single commissioner cannot decide cases alone. Learn the rule and its impact.

Motion for Reconsideration: Why a Notice of Hearing Is Crucial in Philippine Courts

A motion for reconsideration without a notice of hearing is pro forma and will not stop the appeal period. Learn the rule and the De la Peña case.

Withdrawing A Guilty Plea: Navigating the Consequences in Philippine Criminal Law

Learn when a guilty plea can be withdrawn in Philippine courts, its mitigating effects, and how aggravating circumstances must still be proven.

Failing to Object to Evidence: Waiver Rules in Philippine Criminal Cases

Philippine Supreme Court explains why silence on inadmissible evidence means waiver, and how death before final judgment extinguishes liability.

Exhaustion of Administrative Remedies: When Can You Skip It

Philippine Supreme Court ruling on when courts may excuse failure to exhaust administrative remedies, and why premature court actions get dismissed.

Losing Control: Understanding Loss of Jurisdiction After Appeal in Philippine Courts

When a case is appealed, the trial court loses jurisdiction. This administrative case explains the rule and its limits.

Withdrawing a Criminal Appeal in the Philippines: Rights and Limits After Conviction

Can a convicted person withdraw a criminal appeal in the Philippines? People v. Redulosa explains the right, limits, and consequences.

Laches and Prescription in Land Cases: What the Supreme Court Said in Españo v. Court of Appeals

The Supreme Court explains why laches and prescription are factual defenses that usually require full trial, not summary dismissal.

Sheriff’s Fees in the Philippines: Rules, Limits, and the Abellera Case

Learn the legal limits on sheriff’s fees in the Philippines, the Abellera ruling on excessive charges, and practical safeguards for litigants.

Gross Negligence of Counsel: When Can a Client Get a New Trial in the Philippines?

When a lawyer's repeated absences prevent a client from presenting defense evidence, the Supreme Court may order a new trial to protect due process.

Judicial Recusal: Understanding Bias and Impartiality in Philippine Courts

The Supreme Court clarifies when judges must inhibit and why late motions to disqualify are frowned upon.

DARAB Jurisdiction Explained: Filing Agrarian Disputes in the Philippines

Learn where to file agrarian disputes in the Philippines—DARAB vs. PARAD jurisdiction clarified under R.A. 6657 and the DARAB rules.

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.

Affidavits of Desistance and Witness Recantations: Their Limited Impact on Philippine Criminal Cases

Philippine courts view affidavits of desistance and witness recantations with disfavor. Learn why from People v. Ballabare.

Probation After Appeal Understanding THE Waiver Rule IN THE Philippines

Learn how appealing a conviction waives probation eligibility in the Philippines, based on Supreme Court rulings and the Probation Law.

Judicial Misconduct: Neglect of Duty and Insubordination in Philippine Courts

A Supreme Court ruling on a judge's failure to follow procedural rules and obey a superior's directive, resulting in a fine.

Navigating Buy-Bust Operations: Ensuring Due Process and Avoiding Wrongful Convictions

Learn how Philippine courts scrutinize buy-bust operations to protect the accused's rights and prevent wrongful convictions in drug cases.

Jurisdiction Over Maritime Crimes: Where Can You Be Tried?

Philippine Supreme Court ruling on venue for crimes committed on board vessels in transit, explained in plain language.

Failure of Election vs. Election Protest: Key Differences Explained

Learn the legal distinction between a failure of election and an election protest, based on the Supreme Court ruling in Borja vs. COMELEC.

Buy-Bust Operations: When Is a Warrantless Arrest Valid in Drug Cases

Philippine Supreme Court explains why buy-bust arrests are valid warrantless arrests in drug cases, and clarifies the rules on entrapment and searches.

Appeal Bonds in Philippine Labor Cases: When Can They Be Reduced

Learn when Philippine courts may reduce appeal bonds in labor cases, the rules on perfecting appeals, and practical tips for compliance.

Immediate Reinstatement Pending Appeal: What Philippine Employees Should Know

Philippine Airlines v. NLRC explains the immediate executory nature of reinstatement orders pending appeal under Article 223 of the Labor Code.