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 Evidence: Court of Appeals Can Receive New Proof in Special Civil Actions
When may the Court of Appeals admit new evidence in a certiorari case? The Supreme Court clarifies in this foreclosure dispute.
Fatal Flaws in Forum Shopping Certification: NHA v. Roxas and Rule 46 Compliance
A procedural misstep in certiorari petitions—missing certified true copies—can be fatal. The Supreme Court clarifies the rules in NHA v. Roxas.
Premature Legal Challenges Questioning Expropriation Before an Ordinance Is Enacted
When can landowners challenge expropriation? The Supreme Court explains why certiorari and prohibition are premature remedies.
When Prohibition Fails: Understanding the Limits of Extraordinary Writs in Philippine Courts
The Supreme Court clarifies when certiorari may be used despite a pending information, and how fair reporting protects the press from libel.
Certiorari Cannot Substitute for a Lost Appeal in Property Disputes: Tan v. Antazo
The Supreme Court reiterates that certiorari under Rule 65 cannot replace an ordinary appeal, even in property cases.
Direct Contempt of Court: Limits, Penalties, and Remedies Under Philippine Law
Learn the limits of direct contempt in Philippine courts, including penalties, due process rights, and remedies like certiorari.
Defining Indispensable Parties in Certiorari: Protecting Rights and Streamlining Legal Processes
The Supreme Court clarifies indispensable party rules in certiorari cases, balancing procedural efficiency with fundamental rights protection.
Indispensable Parties in Certiorari Petitions: The Rule on Due Process
Why omitting an indispensable party in a certiorari petition can invalidate proceedings and how to avoid this procedural pitfall.
Late Certiorari Filing Binds Clients to Counsel's Negligence: Labao v. Flores
Supreme Court rules that a client is bound by counsel's failure to file certiorari on time, stressing strict compliance with reglementary periods.
Forum Shopping and Timeliness: Navigating Legal Remedies in Intra-Corporate Disputes
A party cannot file both an appeal and a certiorari petition against the same ruling—this is forum shopping. Learn the rules.
Judicial Review and Abuse of Discretion: Safeguarding Rights in Administrative Penalties
A look at Laurel v. SSS on when Rule 65 certiorari is the correct remedy against final administrative penalties.
Dismissal for Failure to Prosecute: Understanding the Remedy and Its Implications in Philippine Law
Learn what dismissal for failure to prosecute means under Rule 17, Section 3, and why appeal—not certiorari—is the proper remedy.
Certiorari as Remedy for Questioning Acquittal Based on Grave Abuse of Discretion
The Supreme Court clarifies when certiorari may question an acquittal and why errors of judgment remain barred by double jeopardy.
Grave Abuse of Discretion Standard in Sandiganbayan Certiorari Petitions
Explore how the Supreme Court defined grave abuse of discretion in certiorari petitions against the Sandiganbayan, citing the Barrera market stall case.
Certiorari as Substitute for Appeal: Procedural Lapses and Grave Abuse of Discretion in Philippine Courts
When can courts overlook procedural lapses? The Supreme Court clarifies certiorari, Rule 43, and grave abuse of discretion in Go v. Court of Appeals.
Certiorari as a Remedy: Navigating the Boundaries of Judicial Review in the Philippines
The Supreme Court clarifies when certiorari under Rule 65 is proper and why it cannot substitute a lost appeal in Sonic Steel v. CA.
Double Jeopardy and Demurrer to Evidence: When Prosecution Appeals Are Barred
The Supreme Court explains when the prosecution cannot appeal an acquittal and why certiorari, not appeal, is the proper remedy.
Limits of DARAB Jurisdiction: Certiorari Power and Agrarian Dispute Resolution
Supreme Court clarifies DARAB jurisdiction limits, certiorari power, and the finality of agrarian dispute decisions in just compensation cases.
Expediting Justice WHY Ejectment Cases Should NOT BE Delayed BY Interlocutory Certiorari
Certiorari as a Substitute for Appeal: Navigating Procedural Missteps in Philippine Courts
Learn when certiorari can replace an appeal in Philippine procedure, and how the Supreme Court treats loss of trust and confidence in dismissals.
Bail Pending Appeal After Conviction: Why Discretion Is Not Automatic
Explaining the Supreme Court ruling in Leviste v. Court of Appeals on bail pending appeal, judicial discretion, and the limits of certiorari.
Certiorari as an Improper Remedy: Navigating Procedural Missteps in Foreclosure Annulment
When a final judgment can be appealed, certiorari is not available. Learn the procedural rules from a Philippine Supreme Court ruling.
Motion for Reconsideration: A Necessary Step Before Filing Certiorari
Learn why Philippine courts require a motion for reconsideration before a Rule 65 certiorari petition, as shown in this Supreme Court ruling.
Naturalization Denied: Understanding Grave Abuse of Discretion in Citizenship Petitions
A Supreme Court ruling clarifies when certiorari is proper in naturalization cases and why appeal, not certiorari, is the correct remedy.