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 7396 of 738 articles for motion

Due Process and Summons: Supreme Court Ruling on Unresolved Motions for Reconsideration

The Supreme Court clarifies that ignoring a motion for reconsideration violates due process, while explaining how courts acquire jurisdiction over defendants.

Judicial Accountability: Granting Bail Without Due Process Is Gross Ignorance of the Law

A judge's dismissal for granting bail without due process illustrates the high standard of judicial competence and accountability in the Philippines.

Indispensable Parties: Why an Estate Administrator Is Not Always Required in Property Disputes

The Supreme Court clarifies when an estate administrator is an indispensable party in property disputes, and the limits of raising new issues on appeal.

Seafarer Wins Attorney's Fees After Being Compelled to Litigate Disability Claim

Supreme Court reinstates attorney's fees for seafarer with Meniere's Disease, ruling he was compelled to litigate to recover disability benefits.

Simple Neglect of Duty: When a Clerk of Court's Caution Crosses the Line

The Supreme Court clarifies when a clerk of court's erroneous reliance on procedural rules amounts to simple neglect of duty, not gross misconduct.

Defective Informations and Qualifying Circumstances: Lessons from People v. Pilen

The Supreme Court's ruling in People v. Pilen clarifies when defective Informations waive objections and how treachery is proven.

Dishonesty in Government Service: When Is It Grounds for Dismissal?

The Supreme Court clarifies when dishonesty in government service warrants dismissal, distinguishing serious, less serious, and simple dishonesty.

Default Orders and Affidavit of Merit: Lessons from Far East Fuel v. Airtropolis

A default order can be lifted only with an affidavit of merit and proof of excusable negligence. Learn the rules from a recent Supreme Court ruling.

Prejudicial Question in the Philippines: Suspension, Not Dismissal, of Criminal Cases

A prejudicial question suspends, not dismisses, a criminal case. Learn the rule from a recent Supreme Court ruling.

Proving Social Media Authorship in VAWC Cases: The G.R. No. 274842 Guide

Supreme Court clarifies how to prove Facebook post authorship in VAWC psychological abuse cases and raises penalties for ICT use.

Psychological Abuse via Facebook: Higher Penalty Under Cybercrime Law

Supreme Court rules posting demeaning messages on Facebook constitutes psychological abuse under RA 9262, with higher penalty under the Cybercrime Prevention Act.

RA 9262 Protects Women in Same-Sex Relationships: Jacinto v. Fouts Explained

The Supreme Court confirms RA 9262 applies to lesbian relationships, ensuring women in same-sex partnerships receive equal protection from intimate partner violence.

Prior Approval Is Paramount: DSWD Contract Faces Scrutiny Over COA Concurrence

Government agencies must secure prior COA concurrence and OSG approval before hiring private lawyers, or risk irregular expenditures.

Navigating Appeals in Estate Proceedings: The Necessity of a Record on Appeal

Philippine Supreme Court clarifies that appeals in special proceedings require both a notice of appeal and record on appeal within 30 days.

When Social Media Posts Become Psychological Abuse: Lessons from a Philippine Supreme Court Ruling

A recent Supreme Court ruling shows how Facebook posts can constitute psychological abuse under RA 9262, with heavier penalties for ICT use.

Residency Requirements for Government Positions: The Binay Case Explained

Learn how the Supreme Court’s ruling in CSC v. Binay clarifies residency rules for local government appointments and why accuracy in your Personal Data Sheet matters.

Freeze Orders in the Philippines: Probable Cause and Asset Protection Under AMLA

Learn how Philippine courts protect assets from unjustified freeze orders, and why probable cause is essential under the Anti-Money Laundering Act.

When Court Errors Are Not Misconduct: Judicial Discretion vs. Administrative Liability

The Supreme Court clarifies when a judge's errors in issuing TROs are judicial matters, not grounds for administrative discipline.

When Fraud or Force Negates Consent in Rape: People v. Disipulo

The Supreme Court clarifies that consent obtained through fraud or overcome by force is not valid consent in rape cases.

Navigating Estate Settlements: Understanding the Limits of Intervention in Probate Proceedings

Learn when courts allow intervention in probate cases, the legal standards applied, and practical tips for protecting estate interests.

Ombudsman's Authority Prevails Investigating Sexual Harassment in Government

Supreme Court affirms Ombudsman's power to investigate sexual harassment in government, upholding dismissal of NEDA official for grave misconduct.

Standby Letters of Credit vs Counter-Bonds: Safeguarding Preliminary Attachments in Philippine Litigation

A standby letter of credit cannot substitute a counter-bond to discharge a preliminary attachment under Rule 57, per the Supreme Court.

Moral Turpitude and Public Service: Examining the Boundaries of Mitigation in Administrative Penalties

The Supreme Court clarifies when mitigating circumstances can—and cannot—reduce the penalty of dismissal for conviction of a crime involving moral turpitude.

Due Process and the Right to Notice: Protecting Fair Legal Proceedings

When a government agency fails to notify a party of an adverse decision, it violates due process and voids the ruling.