From the library

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.

Have your own question? Ask ASG Legal AI now.

Get a cited, plain-language answer from 184,000+ statutes and decisions — free, no sign-up.

Ask a question

Showing 73–96 of 420 articles for “discretion”

Road Sharing Principle: Balancing Environmental Protection and Executive Discretion

The Supreme Court clarifies the limits of writs of kalikasan and continuing mandamus in environmental cases, respecting executive discretion.

Trademark Infringement and Probable Cause: When the Secretary of Justice Abuses Discretion

The Supreme Court clarifies when courts may override the Secretary of Justice's dismissal of trademark infringement complaints for grave abuse of discretion.

Execution Pending Appeal: Balancing Justice and Judicial Discretion in Philippine Courts

The Supreme Court clarifies the limits of execution pending appeal and the requirements for claiming injunction bonds in Abenion v. Pilipinas Shell.

Upholding Government Discretion in Public Bidding: The Mactan Cebu Airport Case

The Supreme Court affirms that courts cannot override the government's discretion in public bidding, absent grave abuse of discretion.

Fiscal Autonomy vs COA Authority: PHIC Allowances and the Limits of GOCC Discretion

Explaining the Supreme Court ruling on PHIC's disallowed allowances, fiscal autonomy limits, and COA's audit power over GOCC benefits.

Marcos Burial at Libingan ng mga Bayani: When Presidential Discretion Meets Legal Limits

The Supreme Court upheld President Duterte's decision to bury Ferdinand Marcos at the Libingan ng mga Bayani, ruling the act was a political question within executive discretion.

Mining Rights vs. Indigenous Peoples: Exhaustion of Remedies and Grave Abuse of Discretion

The Supreme Court in Alecha v. Atienza underscores the exhaustion doctrine and limits of grave abuse of discretion in mining disputes.

Eminent Domain and Execution Pending Appeal: Safeguarding Government Funds

Supreme Court rules discretionary execution pending appeal does not apply to eminent domain proceedings, protecting government funds from garnishment.

Ombudsman's Discretion in Dismissing Complaints: Upholding Independence

The Supreme Court affirms the Ombudsman's broad discretion to dismiss complaints, reinforcing the office's independence in preliminary investigations.

PhilHealth Premium Hikes Upheld: When Courts Respect Agency Discretion

The Supreme Court upheld PhilHealth's 2014 premium increases, explaining the limits of judicial review over administrative agencies' policy decisions.

Ombudsmans Discretion When Does Refusal TO Prosecute Amount TO Grave Abuse

Tax Refunds and Court Discretion: When Can a Taxpayer Withdraw an Appeal

The Supreme Court clarifies when a Final Decision on Disputed Assessment is void and its effect on tax assessments.

Judicial Accountability When Delay Undermines Justice in the Philippines

The Supreme Court holds judges accountable for undue delay, clarifying the line between judicial discretion and administrative liability.

Breach of Professional Ethics: Lawyers Cannot Exploit Legal Loopholes for Personal or Client Gain

Philippine Supreme Court ruling on when judges face administrative liability for delay, bias, and abuse of judicial discretion.

Trial Court Discretion and Fair Trial: Nullifying Pre-Trial Proceedings

Supreme Court clarifies when a trial court may nullify pre-trial proceedings and the limits of judicial discretion in criminal cases.

Behest Loans AND Grave Abuse OF Discretion Safeguarding Public Funds IN Government Transactions

Sabbatical Leave and Abuse of Rights: Understanding Employer Discretion in the Philippines

Philippine Supreme Court clarifies that sabbatical leave is a privilege, not a right, and explains when employer discretion amounts to abuse of rights.

Probable Cause and the Ombudsman's Discretion: Limits of Judicial Review

The Supreme Court affirms the Ombudsman's dismissal of criminal charges for lack of probable cause, underscoring the limits of judicial review over prosecutorial discretion.

Bail and Judicial Discretion: Limits in Philippine Criminal Proceedings

The Supreme Court clarifies when judges may grant bail in capital offenses and the limits of judicial discretion in criminal cases.

Probable Cause and Judicial Discretion in Philippine Criminal Proceedings

The Supreme Court clarifies when judges may re-determine probable cause and how judicial discretion must respect final rulings.

Ombudsman's Probable Cause Discretion and Grave Abuse in Public Official Cases

Courts rarely interfere with the Ombudsman's probable cause findings unless grave abuse of discretion is clearly shown. This case explains the rule.

Judicial Overreach: When Contempt Powers Become Grave Abuse of Authority

A Supreme Court ruling on when a judge's contempt order crosses the line into grave abuse of authority, and the limits of judicial discretion.

Preliminary Injunctions, Grave Abuse of Discretion, and Protection of Substantive Rights

When can a court issue a preliminary injunction against a foreclosure purchaser? Learn the rules from a 2015 Supreme Court ruling.

Just Compensation in Eminent Domain: Balancing Judicial Discretion and Statutory Guidelines

The Supreme Court clarifies how courts must balance judicial discretion with statutory guidelines in determining just compensation for agrarian reform lands.