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 10571080 of 1,103 articles for motion

Motion for Reconsideration Deadlines in Labor Cases: The CEU Lesson

Learn how a missed Motion for Reconsideration deadline made a labor decision final and executory in Centro Escolar University v. NLRC.

When Can a Judge Be Disqualified for Bias? Impartiality in Philippine Courts

Philippine Supreme Court explains when a judge's rulings amount to disqualifying bias, and why adverse decisions alone are not enough.

Vote Buying and Disqualification: Nolasco vs. COMELEC Explained

What happens when a winning candidate is disqualified for vote buying? The Nolasco case clarifies succession and election law.

Redemption After Execution Sale: Ownership Disputes Do Not Stop the Clock

Philippine law gives judgment debtors one year to redeem property sold at execution. Ownership disputes do not suspend that deadline.

The Duty to Prosecute Appeals: Why Inaction Can Get Your Appeal Dismissed in the Philippines

Philippine law requires appellants to actively prosecute their appeals. Learn why waiting for court notices can lead to dismissal.

Exhaustion of Administrative Remedies: When Can You Skip It?

The Supreme Court explains when exhaustion of administrative remedies is required and when courts may excuse it.

NTC Collegiality: How the Supreme Court Settled Regulatory Decision-Making in Philippine Telecoms

The Supreme Court ruled the NTC is a collegial body; a single commissioner cannot decide cases alone. Learn the rule and its impact.

Motion for Reconsideration: Why a Notice of Hearing Is Crucial in Philippine Courts

A motion for reconsideration without a notice of hearing is pro forma and will not stop the appeal period. Learn the rule and the De la Peña case.

When Is a Lawyer Liable for a Missed Appeal? Lessons from Sattar v. Lopez

The Supreme Court clarifies when a lawyer may be disciplined for a missed appeal, and when the client's own neglect is to blame.

Execution Pending Appeal in Philippine Election Protests: When Can a Winner Take Office Immediately

Philippine Supreme Court ruling on when execution pending appeal is allowed in election protests, and why COMELEC can stop a premature assumption of office.

Amending Pleadings When CAN YOU Change Your Legal Strategy

Philippine Supreme Court clarifies when courts must consider late answers and jurisdictional challenges in summary procedure cases.

Forum Shopping in the Philippines: How Duplicate Cases Can Kill Your Labor Claim

Learn how filing duplicate labor cases amounts to forum shopping and leads to automatic dismissal under Philippine rules.

Service of Court Decisions in the Philippines: The Laza Case and Due Process

Learn how Philippine courts rule on valid service of decisions, the "sufficient discretion" standard, and the Laza v. Court of Appeals case.

When Court Errors Are Not Misconduct: The Tallado v. Racoma Ruling

The Supreme Court clarifies when a judge's error is a judicial matter, not administrative misconduct, and warns against harassment suits.

Retroactive Application of Penal Laws: When a Final Sentence Can Be Modified

Explore when favorable penal laws apply retroactively and whether a final sentence can be modified, based on People v. Caco.

Exhaustion of Administrative Remedies: When Can You Skip It

Philippine Supreme Court ruling on when courts may excuse failure to exhaust administrative remedies, and why premature court actions get dismissed.

Who Can Represent a Municipality in Court: The Ramos Doctrine on Unauthorized Counsel

Philippine law limits who may represent a municipality in lawsuits. Learn the rules, exceptions, and effects of unauthorized private counsel appearances.

Losing Control: Understanding Loss of Jurisdiction After Appeal in Philippine Courts

When a case is appealed, the trial court loses jurisdiction. This administrative case explains the rule and its limits.

Withdrawing a Criminal Appeal in the Philippines: Rights and Limits After Conviction

Can a convicted person withdraw a criminal appeal in the Philippines? People v. Redulosa explains the right, limits, and consequences.

Ombudsman's Power to Prosecute: Understanding Its Limits and Scope in the Philippines

The Supreme Court upholds the Ombudsman's power to investigate and prosecute public officials under R.A. 6770, clarifying constitutional limits.

Laches and Prescription in Land Cases: What the Supreme Court Said in Españo v. Court of Appeals

The Supreme Court explains why laches and prescription are factual defenses that usually require full trial, not summary dismissal.

Justice Delayed: The Right to Speedy Disposition of Cases in the Philippines

The Supreme Court rules that a six-year delay by the Ombudsman violates the constitutional right to speedy disposition of cases, citing Angchangco.

Death Penalty in the Philippines: Compelling Reasons and Heinous Crimes

The Supreme Court clarifies when the death penalty applies for heinous crimes and why reclusion perpetua remains an indivisible penalty under Philippine law.

Gross Negligence of Counsel: When Can a Client Get a New Trial in the Philippines?

When a lawyer's repeated absences prevent a client from presenting defense evidence, the Supreme Court may order a new trial to protect due process.