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 97–120 of 420 articles for “discretion”

Grave Abuse of Discretion: When Courts Overstep Their Boundaries

Learn when a court's denial of a motion to dismiss amounts to grave abuse of discretion, and when errors are merely judgment calls.

Public Bidding vs Direct Contracting: Supreme Court on COMELEC's PCOS Procurement

Supreme Court rules COMELEC gravely abused discretion in direct contracting with Smartmatic for PCOS repair, reaffirming public bidding as general rule.

Probable Cause and Estafa: Balancing Judicial Discretion and Individual Rights in Criminal Arrests

Learn how the Supreme Court balances probable cause requirements and individual rights in estafa cases, from arrest to attachment.

Grave Abuse of Discretion When Courts Fail to Justify Denial of Preliminary Injunction

The Supreme Court rules that a court commits grave abuse of discretion when it denies a preliminary injunction without stating its factual and legal bases.

Ombudsman’s Discretion Limits on Certiorari in Anti-Graft Cases

Learn how the Supreme Court clarified the proper remedy for assailing Ombudsman rulings in consolidated anti-graft cases.

Substitution in Elections: Comelec's Discretion and Due Process Rights

A look at the Supreme Court's ruling on candidate substitution, the Comelec's ministerial duty, and the due process requirements in election cases.

COMELEC's Budgetary Discretion and the Limits of Recall Election Funding

The Supreme Court ruled that COMELEC's 2014 budget covered recall elections, rejecting the agency's refusal to proceed for lack of funds.

Treble Costs Under Rule 65: When Courts May Penalize Frivolous Petitions

The Supreme Court clarifies that treble costs under Rule 65 are discretionary, requiring clear justification, not automatic penalties.

Diplomatic Discretion vs Human Rights: Executive Power in International Claims

The Supreme Court affirms that the executive branch holds exclusive discretion over espousing international claims, even for human rights violations like those of Filipino comfort women.

Supreme Court Upholds Ombudsman’s Dismissal of Criminal Complaint Against Labor Officials

The Court affirms the Ombudsman’s discretion to dismiss criminal complaints, finding no grave abuse in the labor officials’ challenged orders.

Writ of Possession Is Ministerial: Court Limits on Judges' Discretion in Foreclosure Cases

Philippine Supreme Court clarifies writ of possession is ministerial after foreclosure, and judges who delay it face administrative sanctions.

Ministerial Duty and Abuse of Authority: Understanding the Writ of Possession and Judicial Misconduct

A Supreme Court ruling clarifies when a writ of possession is ministerial, and when a judge's discretion becomes grave abuse of authority.

Writ of Possession as Ministerial Duty: Court Ruling on Judicial Discretion and Liability

Supreme Court clarifies writ of possession is a ministerial duty, and judges who defer it may face administrative liability.

Ombudsman’s Discretion vs Due Process: Balancing Preventive Suspension With Individual Rights

Philippine Supreme Court ruling on preventive suspension, due process, and the limits of Ombudsman discretion in administrative cases.

Certiorari Deadlines: No Extensions Without Compelling Reasons in the Philippines

Learn the strict rule on certiorari deadlines under Rule 45, including when extensions may be granted and the limits of court discretion.

Mootness and Grave Abuse of Discretion in Administrative Appeals: Maglalang v. PAGCOR

Learn when a 30-day suspension is final and unappealable, and when certiorari is the proper remedy for grave abuse of discretion.

Judicial Delay and Discretion: Balancing Efficiency and Impartiality in Estate Administration

A Supreme Court ruling on when a judge's delay in resolving motions becomes administrative liability, and why judicial discretion in estate cases deserves protection.

Grave Misconduct and Discretion: Analyzing Quasi-Judicial Errors in Labor Disputes

When can courts overturn NLRC rulings? This case clarifies grave abuse of discretion and negligence standards in labor disputes.

When Loan Agreements Clash: Mutuality, Rescission, and the Limits of Bank Discretion

A Supreme Court ruling on when a bank's refusal to release loan proceeds amounts to a slight breach, not grounds for rescission.

Demurrer to Evidence Denials and the Limits of Certiorari in Anti-Graft Cases

When can a denied demurrer to evidence be overturned? The Supreme Court clarifies the high bar of grave abuse of discretion.

Flexibility in Certiorari Petitions: Courts May Still Grant Extensions Despite Procedural Rules

Philippine Supreme Court clarifies that courts retain discretion to extend the 60-day period for certiorari petitions despite A.M. No. 07-7-12-SC.

Probable Cause in Kidnapping Cases: When Prosecutors Overstep Their Role

The Supreme Court clarifies the standard for probable cause in preliminary investigations and when a prosecutor's dismissal amounts to grave abuse of discretion.

Regulated vs. Prohibited Goods: The Limits of Agency Discretion in Customs Seizures

Philippine Supreme Court ruling on when customs authorities may hold seized goods and the distinction between regulated and prohibited imports.

Expert Testimony Admissibility and the Courts' Discretion in Evidence

When can courts disqualify an expert witness? The Supreme Court clarifies that only specific grounds under the Rules of Court justify exclusion.