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 738 articles for motion

Dishonesty in Public Service: Falsifying the PDS and CSC Jurisdiction Over Exam Anomalies

The Supreme Court affirms dismissal for dishonesty when a police applicant cheats on exams and lies in the Personal Data Sheet.

Understanding Freeze Orders Protecting Assets AND Upholding DUE Process IN THE Philippines

Learn how Philippine courts issue freeze orders to protect assets and why due process remains essential in asset preservation cases.

Teacher Misconduct and Child Abuse: When Dismissal Is Justified in the Philippines

When does teacher misconduct justify dismissal? The Supreme Court clarifies the limits of compassionate justice in child abuse cases.

Certiorari Timelines in the Philippines: Lessons from Republic v. Heirs of Borja

The Supreme Court clarifies the 60-day rule for filing certiorari petitions and when extensions may be allowed.

Proving Illegal Dismissal: The Burden of Substantial Evidence in Philippine Labor Cases

Learn how the Supreme Court defines the employee's burden of proof in illegal dismissal cases, based on the Jarabelo ruling.

Probate of an Alien's Will in the Philippines: Nationality Principle Explained

Philippine courts can probate a foreigner's will executed in the Philippines. The nationality principle does not strip local courts of jurisdiction.

Understanding Theft in the Philippines: Key Insights From a Landmark Supreme Court Case

A look at how the Supreme Court clarifies plea bargaining rules in drug cases and what this means for criminal procedure in the Philippines.

Moral Ascendancy in Rape Cases: What the Supreme Court Ruling Means

A 2020 Supreme Court ruling clarifies how moral ascendancy can replace force or intimidation in rape cases involving relatives.

Lateral Transfers and Security of Tenure in Philippine Civil Service

When a government employee's lateral transfer appointment is disapproved, does the employee automatically revert to a former position? The Supreme Court clarifies.

Government Procurement and Audit Disallowances: Lessons from a Landmark COA Ruling

A Supreme Court ruling clarifies when government officials and contractors may be held liable for audit disallowances in public procurement projects.

Understanding Treachery in Homicide Cases When Sudden Attacks Don't Qualify as Murder

The Supreme Court clarifies when a sudden attack constitutes treachery, distinguishing murder from homicide in People v. Ukay.

Conduct Prejudicial to the Best Interest of the Service: SC on Inordinate Delay

The Supreme Court clarifies when the period for inordinate delay begins in Ombudsman cases, citing Quemado v. Sandiganbayan.

The Right to Speedy Disposition of Cases: When Delay Dismisses a Libel Charge

A six-year delay in resolving a preliminary investigation violates the constitutional right to speedy disposition of cases, leading to dismissal.

Lawyer Negligence: The Consequences of Failing to File Court Documents on Time

A lawyer's failure to file court documents on time can lead to disbarment. Learn from a Supreme Court case on attorney negligence.

Understanding Disability Benefits for Seafarers: A Guide to Legal Rights and Claims

Learn how the Supreme Court clarified seafarer disability benefits, appeal periods, and the difference between CBA accident claims and POEA-SEC compensation.

Execution Pending Appeal in Ejectment Cases: Immediate Judgment Enforcement in the Philippines

Learn how execution pending appeal works in Philippine ejectment cases, including the mandatory rule and key Supreme Court rulings.

Understanding Default Judgments When Courts Must Allow Late Answers

When can courts allow late answers? This article explains default judgment rules and when courts must permit a defendant to file a late answer.

Understanding the Limits of Private Complainants in Challenging Criminal Case Dismissals in the Philippines

Explore how Philippine courts treat private complainants' appeals in criminal case dismissals, including standing and procedural rules.

Estoppel by Laches and Government Reversion Claims: The Sundiam Ruling

When can the government be barred from recovering public land? The Supreme Court's Sundiam ruling clarifies estoppel by laches and innocent purchasers for value.

Speedy Disposition of Cases: When Ombudsman Delay Justifies Dismissal

The Supreme Court clarifies when Ombudsman delay violates the constitutional right to speedy disposition of cases, applying the Cagang guidelines.

Understanding Abuse of Rights When Legal Actions Cross Ethical Boundaries

When does the right to speedy disposition become a shield against inordinate delay? The Supreme Court clarifies in Catamco v. Sandiganbayan.

Balancing Procedural Rules and Substantive Justice in Criminal Appeals

The Supreme Court recalls an entry of judgment and reinstates a drug conviction appeal, showing when procedural lapses yield to substantive justice.

The 60-Day Rule on Suspension of Arraignment: A Philippine Supreme Court Case Insight

Learn how the 60-day limit on suspending arraignment under Rule 116 protects the right to speedy trial, explained through a 2020 Supreme Court ruling.

Attorney-Client Trust: Lessons from a Philippine Supreme Court Ruling on Lawyer Misconduct

A Philippine Supreme Court ruling on lawyer misconduct clarifies candor duties, attorney's fees, and the penalties for unethical conduct.