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 145168 of 416 articles for discretion

Valid Service of Summons in Foreign Judgment Recognition: Key Lessons from Express Padala v. Ocampo

Philippine Supreme Court ruling on invalid substituted service of summons in foreign judgment recognition, and its due process implications.

Partnership vs Estafa: When a Partner's Misappropriation Becomes a Crime

The Supreme Court clarifies when a partner's failure to account for funds crosses from civil liability to criminal estafa under Philippine law.

Traffic Violations and Negligence: When Driving on the Wrong Lane Determines Liability in Collisions

Philippine Supreme Court ruling on how traffic violations like wrong-lane driving establish negligence and liability in vehicle collisions.

Trademark Infringement and Probable Cause: When the Secretary of Justice Abuses Discretion

The Supreme Court clarifies when courts may override the Secretary of Justice's dismissal of trademark infringement complaints for grave abuse of discretion.

Corporate Representation: The Necessity of Board Resolutions in Legal Actions

Philippine Supreme Court clarifies when corporate officers need board resolutions to file or defend legal actions, and the limits of derivative suits.

Union Dues Increase: Supreme Court Requires Strict Compliance for Agency Fees

The Supreme Court ruled that increased union agency fees require strict compliance with Labor Code approval and documentation requirements.

Foreign Ownership in Public Utilities: The High Court Defines "Capital"

The Supreme Court clarifies that Under the Constitution

When a Disqualified Candidate Wins: Second-Placer Rule and Void Certificates of Candidacy

Explaining the Supreme Court's ruling on void certificates of candidacy, second-placers, and who truly wins when a candidate is disqualified.

Eminent Domain Easements Just Compensation For Perpetual Restrictions ON Property USE

When a right-of-way easement for transmission lines permanently restricts property use, full just compensation, not a mere easement fee, is due.

Mining Rights vs. Indigenous Peoples: Exhaustion of Remedies and Grave Abuse of Discretion

The Supreme Court in Alecha v. Atienza underscores the exhaustion doctrine and limits of grave abuse of discretion in mining disputes.

Tax Exemption for PAGCOR Licensees: Understanding the Scope of PD 1869

The Supreme Court clarifies that PAGCOR licensees remain exempt from corporate income tax on gaming operations under PD 1869.

Quieting of Title vs. Annulment of Title: Key Supreme Court Ruling on Land Disputes

The Supreme Court clarifies when a quieting of title action is actually an annulment of title, and why the substance of a complaint matters.

Beyond the Road: Field Personnel Status and Overtime Rights for Bus Employees in the Philippines

Supreme Court ruling clarifies that bus drivers and conductors are not field personnel, entitling them to overtime and service incentive leave pay.

Comelec Must Enable Voter Verified Paper Audit Trail: Mandamus Granted

Supreme Court compels Comelec to activate VVPAT feature, affirming voters' right to verify their ballots under election law.

Supreme Court on COLA Back Pay for Water District Employees: Good Faith Excuses Refund

The Supreme Court ruled that water district employees need not refund disallowed COLA back pay, citing good faith and the integration of allowances under the Salary Standardization Law.

Forum Shopping by Lawyers: Ethical Duty and the Price of Misconduct

A lawyer's filing of successive petitions constituted forum shopping, resulting in a six-month suspension from the practice of law.

Perfecting an Appeal: Why Timely Payment of Fees Is Critical in Philippine Courts

Learn why timely payment of appellate docket fees is mandatory in Philippine courts and how failure to perfect an appeal can be fatal to a case.

Navigating Factual Disputes: The Supreme Court's Stance on Appellate Review

The Supreme Court clarifies when appellate courts may review factual findings and correct arbitrary penalties in homicide convictions.

Defining Construction Cost Interest Expenses and Reserved Units in Joint Development Agreements

Philippine Supreme Court clarifies what counts as actual construction cost in joint development agreements, excluding interest expenses from the computation.

Reinstatement Orders of Voluntary Arbitrators Are Immediately Executory—Even Pending Appeal

The Supreme Court confirms that reinstatement orders by Voluntary Arbitrators are immediately executory, even pending appeal, protecting workers' security of tenure.

Falsification of Private Documents: Where Venue Lies Under Philippine Law

Philippine Supreme Court clarifies that venue for falsification of private documents is where the falsification occurred, not where the document was used.

Suspension of Arraignment, DOJ Review, and the Right to Speedy Trial in Copyright Cases

Explaining when courts may suspend arraignment pending DOJ review and how delay affects the right to speedy trial in copyright infringement cases.

Sheriffs Must Strictly Follow Execution Procedures or Face Administrative Liability

Philippine Supreme Court reminds sheriffs to strictly follow execution rules, compute amounts themselves, and file timely returns.

Missed Appeal Deadlines in Agrarian Cases: When Negligence Costs the Right to Appeal

The Supreme Court rules on missed appeal deadlines in agrarian disputes, explaining when a motion for reconsideration suspends the period and why certiorari cannot replace a lost appeal.