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 841864 of 1,030 articles for motion

Deadlines Matter: Understanding the 30-Day Rule for Court Decisions in Philippine Summary Procedure

A judge's 30-day deadline under the Revised Rules on Summary Procedure is mandatory—delays draw fines, as this administrative case shows.

Rape Conviction Upheld Despite Minor Inconsistencies: Why Victim Testimony Matters in Philippine Law

The Supreme Court affirms a father's rape conviction, explaining why minor inconsistencies in victim testimony do not destroy credibility.

Parol Evidence Rule: When Prior Agreements Can Modify a Contract

Philippine Supreme Court explains when prior negotiations can alter a written contract under the parol evidence rule.

Work-Related Heart Disease: Proving Your Employee Compensation Claim in the Philippines

Learn how the Supreme Court ruled on work-related heart disease claims under PD 626, and what evidence employees need to prove compensability.

Habeas Corpus Appeals in the Philippines: The 15-Day Rule Explained

The Supreme Court confirmed that habeas corpus appeals now follow the 15-day period under the 1997 Rules of Civil Procedure, replacing the old 48-hour rule.

Marked Ballots in Philippine Elections: When Stray Marks Invalidate a Vote

Philippine election law invalidates ballots with deliberate identifying marks, but accidental or third-party markings may still be valid. Learn the rules.

Gross Immorality in the Philippines: When Personal Conduct Leads to Professional Discipline

Understand how gross immorality is defined in Philippine law and when personal conduct can trigger professional discipline.

Forum Shopping and Litis Pendentia: When Filing Two Suits Backfires

Explaining Quinsay v. Court of Appeals: why filing parallel cases for the same relief amounts to forum shopping and litis pendentia.

Forum Shopping in Philippine Courts: The Quinsay Case and Why Multiple Lawsuits Backfire

Forum shopping—filing multiple suits for the same dispute—can get cases dismissed. Learn the rules from the Supreme Court's ruling in Quinsay.

Compromise Agreements in the Philippines: Why You Need a Special Power of Attorney

A lawyer cannot compromise a client's case without a special power of attorney. Learn the rules from a Supreme Court ruling.

Fighting Eviction: Why Exhausting Administrative Remedies Is Your First Step in Philippine Property Disputes

Learn from Zabat v. Court of Appeals: why exhausting administrative remedies before suing in court is crucial in Philippine property disputes.

Burden of Proof in Rape Cases: Why Evidence Is Paramount in Philippine Courts

A Supreme Court ruling shows why proof beyond reasonable doubt, not outrage, determines rape convictions in the Philippines.

Suspension of Arraignment: Balancing Speedy Trial Rights With DOJ Review

When can a court suspend arraignment to await DOJ review? The Supreme Court explains the balance with speedy trial rights.

Motion to Dismiss Trap: Why Filing One Can Waive Your Right to Claim Damages in Philippine Courts

Learn how filing a motion to dismiss in Philippine courts can waive your right to claim damages, based on a Supreme Court ruling.

Pre-Trial Orders Control Your Case: The Tiu v. Middleton Rule on Witness Exclusion

Pre-trial orders bind trial proceedings. Learn from Tiu v. Middleton why unnamed witnesses may still testify and how to protect your case.

Workplace Sexual Harassment in the Philippines: Substantial Evidence and Employee Rights

Understand how the Supreme Court protects employees in sexual harassment cases, applying substantial evidence in administrative proceedings.

National vs Local Amusement Tax: Who Taxes PBA Games in the Philippines

Supreme Court ruling clarifies that amusement tax on PBA games is a national tax, not a local one. Learn the legal basis.

Execution of Judgment in Ejectment Cases: Why the Court of Origin Matters

In ejectment cases, execution of an affirmed judgment generally belongs to the trial court of origin, not the appellate court. A Supreme Court ruling clarifies why.

Speedy Trial Rights in Military Courts-Martial: Inordinate Delay and Waiver Explained

Understand when delay in military court-martial cases violates speedy trial rights, and how silence can waive constitutional protection.

Lis Pendens Cancellation in the Philippines: What Property Owners Should Know

Learn when a Notice of Lis Pendens can be cancelled in the Philippines, the grounds under PD 1529, and key lessons from Yared v. Ilarde.

Immediate Execution of RTC Ejectment Judgments: What the Supreme Court Has Held

When the RTC affirms an ejectment ruling, the order to vacate is immediately enforceable—even if the losing party appeals. Here's why.

COMELEC vs. HRET Jurisdiction: When Election Disputes Shift to the Electoral Tribunal

Learn when COMELEC loses jurisdiction over House election contests and the HRET becomes the sole judge of a member's election, returns, and qualifications.

Fighting Back How Improper Summons Can Nullify Court Judgments in the Philippines

Learn how improper service of summons can invalidate court judgments in the Philippines and what it means for defendants' rights.

When Judges Face Harassment Suits: The TRO Rules and Judicial Independence

Supreme Court dismisses administrative case against two RTC judges over TRO issuance, clarifying when judicial errors become disciplinary liability.