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.
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Certiorari and the Secretary of Labor: Ensuring Procedural Correctness in Labor Disputes
When can a party file certiorari against the Labor Secretary's decision? The Supreme Court clarifies the proper remedy and timing.
CTA Jurisdiction Over Local Tax Disputes: The City of Manila v. Grecia-Cuerdo Ruling
The Supreme Court clarifies that the Court of Tax Appeals has jurisdiction over certiorari petitions questioning RTC interlocutory orders in local tax cases.
Certiorari Deadlines: No Extensions Without Compelling Reasons in the Philippines
Learn the strict rule on certiorari deadlines under Rule 45, including when extensions may be granted and the limits of court discretion.
Certiorari as a Remedy: Challenging Small Claims Court Decisions in the Philippines
Can a final small claims decision be challenged? The Supreme Court clarifies when certiorari under Rule 65 is the proper remedy.
Mootness and Grave Abuse of Discretion in Administrative Appeals: Maglalang v. PAGCOR
Learn when a 30-day suspension is final and unappealable, and when certiorari is the proper remedy for grave abuse of discretion.
Finality of Ombudsman Decisions and the Correct Remedy for Complainants
Learn when Ombudsman rulings are final and unappealable, and how complainants can still seek review via certiorari under Rule 65.
Demurrer to Evidence Denials and the Limits of Certiorari in Anti-Graft Cases
When can a denied demurrer to evidence be overturned? The Supreme Court clarifies the high bar of grave abuse of discretion.
Illegal Dismissal Claims and the 60-Day Rule for Certiorari Petitions
Philippine Supreme Court clarifies when courts may extend the 60-day period to file certiorari petitions, and discusses forced resignation in illegal dismissal cases.
Flexibility in Certiorari Petitions: Courts May Still Grant Extensions Despite Procedural Rules
Philippine Supreme Court clarifies that courts retain discretion to extend the 60-day period for certiorari petitions despite A.M. No. 07-7-12-SC.
Motion for Reconsideration: A Prerequisite Before Certiorari in Labor Disputes
Philippine National Bank v. Arcobillas: a party must file a motion for reconsideration with the NLRC before seeking certiorari from the Court of Appeals.
Motion for Reconsideration Before Certiorari: The Novateknika Rule
Philippine courts require a motion for reconsideration before filing certiorari. Learn the rule, its exceptions, and why it matters.
Certiorari vs. Appeal: Choosing the Right Legal Remedy in the Philippines
The Supreme Court clarifies when to use certiorari versus appeal, and why pursuing both remedies simultaneously can be fatal to a case.
SEP Clearance and the Limits of Certiorari: When Administrative Action Is Not Quasi-Judicial
The Supreme Court clarifies when an SEP Clearance from the Palawan Council is an administrative act, not a quasi-judicial one, and why certiorari is the wrong remedy.
Accountability and Authority When Officials Overlook Financial Red Flags
A GSIS executive's dismissal for approving a flawed bid and premature payment, and the limits of certiorari.
Certiorari Limits: When Courts Can Review Administrative Decisions
The Supreme Court clarifies when courts may review administrative findings in certiorari petitions, using a Sandiganbayan graft case as the vehicle.
Interlocutory Orders and Certiorari: The Boundaries of Judicial Review in Election Cases
When can an interlocutory order be assailed via certiorari? This case clarifies the limits of judicial review and administrative remedies.
Hierarchy of Courts: Direct Filing of Certiorari, Prohibition, and Mandamus to the Supreme Court
The Supreme Court dismisses a direct petition for certiorari, prohibition, and mandamus, reaffirming the strict policy on the hierarchy of courts.
Certiorari as a Substitute for Appeal: Navigating Procedural Deadlines in Expropriation Cases
A Supreme Court ruling clarifies when courts may take judicial notice of land values and why the DAR formula must govern just compensation in agrarian expropriation.
Motion to Quash Denial: Interlocutory Orders and Grave Abuse of Discretion
Learn when a denied motion to quash can be challenged via certiorari, and why interlocutory orders generally require waiting for trial.
When Can Courts Extend the 60-Day Rule for Filing Certiorari? A Philippine Guide
Philippine Supreme Court explains when the 60-day certiorari filing period may be extended, and clarifies venue rules for personal actions.
Heavy Workload Not Enough to Justify Certiorari Filing Extension
Philippine Supreme Court rules heavy workload alone is not a compelling reason to extend the 60-day period for filing a petition for certiorari under Rule 65.
Binding Counsel When Attorney Negligence Impacts A Clients Appeal IN Philippine LAW
Philippine Supreme Court ruling on when a client is bound by counsel's negligence in failing to file an appeal brief, and limits of certiorari.
Certiorari vs Appeal: Why Choosing the Right Legal Remedy Matters in Philippine Courts
A property dispute teaches a vital lesson: courts cannot issue summary judgment without a motion and hearing, or they violate due process.
Labor Disputes: The Secretary of Labor's Power and When Courts Can Review Facts in Certiorari
Learn when the Secretary of Labor can impose arbitral awards in labor disputes and when courts may review factual findings in certiorari cases.