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 889912 of 1,058 articles for motion

When Can a Trial Court Resolve a Motion to Quash a Search Warrant Issued by Another Court?

Philippine Supreme Court clarifies which court resolves a motion to quash a search warrant when the criminal case is pending in a different court.

Attorneys Fees and Simulated Sales: Protecting Lawyers' Rights in the Philippines

A lawyer's right to collect contingent fees can extend to challenging simulated sales that defeat payment, as the Supreme Court ruled in Alberto v. Court of Appeals.

Bail in Capital Offenses: The Mandatory Hearing Requirement

Philippine Supreme Court ruling explains why judges must hold a hearing before granting bail in capital offenses like rape.

Unreliable Witness Identification When Does It Impact A Criminal Case

Philippine Supreme Court ruling on when witness identification and conspiracy evidence fail to prove guilt beyond reasonable doubt.

Finality of Judgment in Disbarment Cases: Lessons from Bihag v. Era

A disbarred lawyer's attempt to revive his case fails—what the Supreme Court's ruling means for finality of judgments and enforcement.

Checks Issued as Guarantee Still Fall Under B.P. 22; Judge Suspended for Partiality

Supreme Court rules checks issued as guarantee are still covered by B.P. 22, and suspends a judge for partiality and gross ignorance of the law.

Rape Conviction Upheld Despite Lack of Physical Injuries, Consent, and Intimidation Analyzed

The Supreme Court affirms a rape conviction, ruling that lack of physical injuries and absence of resistance do not negate rape when intimidation is present.

Correcting Manifest Errors in Election Returns: The Angelia Case

How COMELEC can correct obvious tallying errors in election returns even after proclamation, and why due process still matters.

Finality Prevails: Enforcing Judgments and Preventing Alterations in Philippine Law

Philippine Supreme Court ruling on why final judgments are immutable and why execution must strictly follow the dispositive portion.

Voluntary Submission Cures Procedural Defects in Administrative Cases

Learn how voluntary participation in administrative proceedings can cure procedural defects, as ruled in NAPOLCOM v. Bernabe.

When a Civil Case Does Not Stop a Criminal Estafa Charge: Trust Receipts Explained

A civil suit to nullify trust receipts does not automatically suspend criminal estafa proceedings. The Supreme Court explains when a prejudicial question exists.

When Heirs Disagree: Judicial Partition Over Administration of an Estate

Philippine Supreme Court ruling explains when courts may convert estate administration proceedings into judicial partition among heirs.

Due Process in Bail Applications: The Mandatory Hearing for Capital Offenses

Bail in capital offenses requires a mandatory hearing to determine if evidence of guilt is strong. Learn the rules from Narciso v. Sta. Romana-Cruz.

Ombudsmans Discretion When Courts Defer to Anti-Graft Investigations

Philippine courts defer to Ombudsman findings in anti-graft cases absent grave abuse of discretion. Learn from Morong Water District.

Due Process Denied: The Importance of Hearing Notices in Default Orders Under Philippine Law

Philippine Supreme Court ruling on default orders without hearing notices, and the duty of clerks of court in safeguarding due process.

Speedy Disposition of Cases: Balancing Delay and Due Process in Anti-Graft Proceedings

Explaining the Castillo v. Sandiganbayan ruling on what counts as unreasonable delay in anti-graft cases and the right to speedy disposition.

Finality of Dismissal: Why a "Without Prejudice" Order Still Becomes Final After the Appeal Period

A dismissal without prejudice is still a final order. After 15 days without appeal, it becomes final and executory, barring revival by mere motion.

Service of Summons on Corporations: Due Process and Jurisdictional Validity

When is service of summons on a corporation valid? The Supreme Court clarifies the rules on proper service, substantial compliance, and jurisdiction.

Child Witnesses and Acts of Lasciviousness: The Dulla Case Explained

The Supreme Court clarifies when a child can testify and how acts of lasciviousness differ from rape in this 2000 ruling.

Protecting the Defenseless: Upholding Conviction for Child Rape Despite Claims of Unreliable Testimony

The Supreme Court affirms that a child of tender years can be a credible witness, upholding a conviction for acts of lasciviousness against a minor.

Notarial Duty and Due Diligence: Attorneys Cannot Notarize Documents They Sign for Others

A lawyer who signs a verification for clients and then notarizes it violates the Notarial Law. The Supreme Court explains the limits of a notary's duties.

Summary Procedure and Motions for Reconsideration: Scope of Prohibited Pleadings Clarified

A judge may validly act on a motion for reconsideration of a dismissal order in summary procedure cases, as clarified by the Supreme Court.

Motion for Reconsideration Under Summary Procedure: The Lucas Doctrine

When can a litigant file a motion for reconsideration under summary procedure? The Supreme Court clarifies the exception for dismissal orders.

Official Duty vs Personal Liability: Defining Immunity in Defamation Cases

Can a diplomat or international organization worker claim immunity for defamation? The Supreme Court clarifies when official duty ends and personal liability begins.