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 913936 of 1,056 articles for motion

Prescription and Quashal in Anti-Graft Cases: Domingo v. Sandiganbayan

The Supreme Court clarifies prescription periods, motion to quash standards, and speedy trial rights in Anti-Graft cases under RA 3019.

Deadline for Landowners Appealing Land Valuation Decisions Under Agrarian Reform

Philippine Veterans Bank case clarifies the 15-day deadline for landowners to challenge DAR land valuation decisions before Special Agrarian Courts.

Extradition and Due Process: Balancing Treaty Obligations and Individual Rights in the Philippines

The Supreme Court ruled that a prospective extraditee enjoys basic due process rights—notice and hearing—even during the executive evaluation stage of extradition proceedings.

Deadline Missed: Understanding Election Protest Filing Periods in the Philippines

The Supreme Court clarifies when the 10-day period to file an election protest is suspended, and when it is not.

Lawyer Ethics Matter: Why Misconduct Investigations Proceed Despite Complainant Withdrawal in the Philippines

Philippine Supreme Court clarifies that lawyer disciplinary cases continue despite complainant withdrawal, and silence is not admission of guilt.

Judicial Rank vs Salary Grade: Understanding Position Classification in the Philippine Judiciary

The Supreme Court explains why equal salary grades do not mean equal judicial rank, clarifying position classification in the Court of Appeals.

Notice of Dishonor Under BP 22: Why Actual Receipt Matters in Bouncing Check Cases

Under BP 22, a bounced check issuer can only be convicted if properly notified of dishonor. The Betty King case shows why actual notice is crucial.

Valid Substituted Service: How Philippine Courts Can Serve Summons Without Personal Delivery

Learn when substituted service of summons is valid in Philippine courts, what the sheriff's return must show, and how to challenge a default order.

Filing Fees in Philippine Election Protests: Jurisdictional Rules and Timelines

Philippine election protest filing fees are jurisdictional. Late payment does not cure defects. Learn the rules and deadlines.

Reconstitution of Burned Court Records: When Late Filing Is Not Fatal

Supreme Court clarifies that failure to file for reconstitution of burned court records within six months does not automatically bar the remedy.

NLRC Appeal Bond Rules: Why Missing the Deadline Kills Your Labor Appeal

Learn why failing to post the NLRC appeal bond on time can dismiss your labor appeal, and how the DORELCO case shapes the rules.

When Court Errors Are Judicial, Not Administrative: A Guide for Litigants

The Supreme Court clarifies when a judge's error is a judicial matter for appeal, not an administrative case for discipline.

Treachery and Passion: Understanding Murder and Mitigating Circumstances in Philippine Law

The Supreme Court explains when sudden attacks qualify as treachery and why passion and obfuscation may reduce criminal liability.

Habeas Corpus Jurisdiction Limits and Judicial Accountability in the Philippines

Philippine Supreme Court clarifies that habeas corpus writs are enforceable only within a judge's judicial district, and explains judicial accountability standards.

Execution Pending Appeal in the Philippines: When Can a Judgment Be Enforced Immediately?

Learn when Philippine courts may allow execution pending appeal, the good reasons required, and the safeguards protecting a losing party's right to appeal.

Breach of Contract in the Philippines: Rescission and the Risks of Buying Property with a Notice of Lis Penden

Philippine Supreme Court ruling on rescission, reciprocal obligations, and why a notice of lis pendens binds any buyer of disputed property.

Legal Interest in Philippine Judgments: Simple vs. Compound Interest Explained

Philippine courts apply simple legal interest on monetary judgments unless compound interest is explicitly stipulated. Learn the rules from David vs. Court of Appeals.

Credibility of Rape Victim Testimony: Insights from People vs. Agunos

Philippine courts may convict on a rape victim's credible testimony alone. Learn the rules from People vs. Agunos.

Equitable Mortgage vs. Pacto de Retro Sale: When a "Sale" Is Really a Loan

Philippine courts look beyond contract labels. Learn how Articles 1602 and 1603 protect borrowers from disguised loans and unfair foreclosure.

Nationwide Reach of Replevin Writs: Jurisdiction and Enforcement in Philippine Courts

Philippine courts can enforce replevin writs nationwide. Learn how jurisdiction is determined and what it means for creditors and debtors.

Suing a Deceased Person in the Philippines: Estate Claims and Legal Personality Rules

Can you sue a deceased person's estate in the Philippines? Learn the legal personality rules and proper probate procedure for collecting debts from an estate.

Breach of Trust: Understanding Lawyer Disbarment for Misappropriating Client Funds in the Philippines

Learn how Philippine courts discipline lawyers who misappropriate client funds, the ethical rules involved, and practical lessons for attorneys.

Truth and Honesty in Legal Practice: Why Misleading the Court Can Lead to Suspension

A lawyer's false statement in a motion for postponement led to a six-month suspension. Learn the ethical rules on candor.

Expropriation in the Philippines: Provisional Deposit and Writ of Possession Explained

Understand how the 1997 Rules on expropriation allow the government to take property upon depositing assessed value, and what this means for owners.