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 11291152 of 1,154 articles for motion

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.

Judicial Recusal: Understanding Bias and Impartiality in Philippine Courts

The Supreme Court clarifies when judges must inhibit and why late motions to disqualify are frowned upon.

Extrajudicial Foreclosure Venue: Why Judges Must Follow Act 3135, Not the Rules of Court

A judge's fine for gross ignorance of the law clarifies that extrajudicial foreclosure venue follows Act 3135, not general venue rules.

Exhaustion of Administrative Remedies: When Can You Skip the Line to Court?

Learn when the exhaustion rule applies, its exceptions, and why a replevin suit failed against DENR forfeiture.

When Can the Ombudsman Investigate Judges? The Dolalas Rule on Judicial Independence

The Supreme Court clarifies the boundary between Ombudsman authority and judicial independence in investigating judges for delay.

Contract Bar Rule Explained: Certification Elections and CBAs in the Philippines

Learn how the contract bar rule limits certification elections during a CBA's term, based on the Formey Plastic case.

Eminent Domain in the Philippines: Just Compensation and Due Process

Learn how Philippine law protects property owners in eminent domain cases, focusing on just compensation and due process requirements.

Affidavits of Desistance and Witness Recantations: Their Limited Impact on Philippine Criminal Cases

Philippine courts view affidavits of desistance and witness recantations with disfavor. Learn why from People v. Ballabare.

Employee Transfers: Understanding Employer Rights and Limits in the Philippines

Learn the rules on employee transfers in the Philippines—when employers can validly transfer workers and what limits the law imposes.

Copyright Infringement: Protecting IP Rights and the Prospectivity of New Rules

Explaining the Supreme Court's ruling on search warrants in copyright cases and why new judicial doctrines apply prospectively.

Navigating Appeals in Philippine Administrative Law: Jurisdiction and Exhaustion of Remedies

The Supreme Court clarifies appellate jurisdiction over PNP disciplinary cases, exhaustion of remedies, and administrative law principles in Cabada v. Alunan.

Appeal Bonds in Philippine Labor Cases: When Can They Be Reduced

Learn when Philippine courts may reduce appeal bonds in labor cases, the rules on perfecting appeals, and practical tips for compliance.

Religious Freedom vs Censorship: Balancing Rights in Philippine Broadcast Media

The Supreme Court ruled that the MTRCB may review religious TV programs but cannot ban them merely for criticizing other religions.

PCGG Sequestration Orders: Due Process and Valid Authority Requirements

The Supreme Court rules that PCGG sequestration orders require at least two Commissioners and a prima facie showing, protecting due process rights.

Amending Pleadings: When Can You Change Your Legal Strategy Mid-Case?

Learn when Philippine courts allow supplemental or amended complaints to change relief sought mid-case, based on Superclean Services v. HDMF.

Immediate Reinstatement Pending Appeal: What Philippine Employees Should Know

Philippine Airlines v. NLRC explains the immediate executory nature of reinstatement orders pending appeal under Article 223 of the Labor Code.

Establishing Employer-Employee Relationship Is Key to Illegal Dismissal Claims in the Philippines

Philippine Supreme Court ruling on why proving employer-employee relationship is essential before an illegal dismissal case can prosper.

Jurisdiction Over Foreign Corporations Doing Business in the Philippines

Philippine courts can assert jurisdiction over foreign corporations doing business locally, even for a single transaction, under Rule 14, Section 14.

Workplace Violence and Employee Misconduct: When Can You Be Dismissed in the Philippines

Philippine Supreme Court ruling on when fighting in the workplace and a history of misconduct justify dismissal of an employee.

Employee Misconduct and Valid Dismissal: Lessons from Flores v. NLRC

When can an employer validly dismiss an employee for misconduct? The Supreme Court's ruling in Flores v. NLRC provides clear guidance.

When Can an Employer Assign Tasks Outside Your Job Description? Philippine Labor Law

Philippine law limits management prerogative. Learn when an employer can assign tasks outside your job description and your rights.

State Witness vs Prosecution Witness: Key Differences in Philippine Law

The Supreme Court clarifies the legal distinction between a state witness and a prosecution witness in criminal cases.

Perjury in the Philippines: False Statements in Legal Documents Explained

Learn how Philippine courts define perjury, what makes a false statement criminal, and why withdrawing a petition does not erase liability.