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 169192 of 994 articles for hearing

Upholding Employer Prerogative: Dismissal for Breach of Trust and Company Policy Violations

Supreme Court affirms dismissal of supervisor who used company equipment for private repairs, upholding management prerogative and loss of trust.

When Lawyers Take Fees But Never File the Case: A Lesson in Professional Responsibility

The Supreme Court suspended a lawyer for one year for collecting fees but failing to file a client's case, reaffirming lawyers' fiduciary duties.

Upholding Marital Sanctity When Procedural Technicalities Give Way to Substantial Justice in Annulment Cases

The Supreme Court relaxes procedural rules to protect marriage's sanctity, allowing the State to appeal an annulment ruling despite technical lapses.

Defective Summons Nullifies Judgment Safeguarding Due Process in Annulment Cases

SC rules defective summons in annulment cases violates due process; petitions for annulment are actions in personam requiring proper service.

Bail vs Demurrer: Why Different Evidence Standards Apply in Provisional Liberty and Acquittal

The Supreme Court clarifies why bail hearings use a lower evidence standard than demurrers to evidence, which can lead to acquittal.

Administrative Due Process and Bank Secrecy: The Sibayan v. Alda Ruling

The Supreme Court clarifies how administrative due process and bank secrecy limits discovery in BSP proceedings, as shown in Sibayan v. Alda.

Untimely Filing: The High Cost of Ignoring Procedural Rules in Philippine Courts

A bank's appeal was dismissed because its motion for reconsideration was served by private courier without proper proof. Learn the procedural rules.

When Procedural Lapses Yield to Substantial Justice: Ben Line v. Madson

The Supreme Court ruled that procedural rules must yield to substantial justice when a party rectifies defects, as in Ben Line v. Madson.

Forum Shopping in the Philippines: What the Zamora Case Teaches Litigants

Learn how the Supreme Court defines and penalizes forum shopping, and what the Zamora ruling means for litigants filing multiple cases.

Totality of Infractions: Delineating Just Cause for Termination in Philippine Labor Law

The Supreme Court clarifies when past offenses may justify dismissal under the totality of infractions principle, balancing employer prerogative and employee rights.

Bribery and Judicial Misconduct: Supreme Court Disbars Judge for Direct Bribery

The Supreme Court disbarred a judge convicted of direct bribery, affirming that corruption in the judiciary warrants the ultimate penalty.

Judicial Misconduct When Ex Parte Orders Exceed Legal Boundaries

The Supreme Court held a judge liable for gross ignorance of the law for issuing an ex parte TPO that improperly awarded child custody.

Finality of Court Orders and the 3-Day Notice Rule: Ti v. Diño

The Supreme Court clarifies that defective motions do not toll the appeal period, and personal service is mandatory when practicable.

The Three-Day Notice Rule: Ensuring Due Process in Motion Hearings

The Supreme Court clarifies the mandatory three-day notice rule for motions and why personal service is preferred in Philippine procedure.

When Judges Fall Short: Accountability, Mediation Rules, and Court Personnel Duties

Philippine Supreme Court ruling on judicial accountability, proper mediation referral, and the limits of delegating court personnel duties.

Property Rights vs Public Use: Resolving Road Access Disputes

When can a government hospital close a road on its titled property? The Supreme Court clarifies the limits of preliminary injunctions in access disputes.

Writ of Possession for Subsequent Property Purchasers After Foreclosure

Learn when subsequent purchasers of foreclosed property can obtain a writ of possession, and the hearing requirement under Philippine law.

Striking a Balance: Upholding Agrarian Justice Without Sacrificing Procedural Rules

The Supreme Court reminds appellate courts that minor procedural lapses should not defeat the right to appeal, especially in agrarian cases involving social justice.

Dismissal for Misconduct: When Employee Disrespect Justifies Termination

Explaining when an employee's disrespectful conduct toward a superior constitutes serious misconduct justifying dismissal under Philippine labor law.

Seafarer Rights Illegal Dismissal and the Importance of Due Process

A seafarer's dismissal requires just cause and due process. The Supreme Court explains both in this landmark ruling.

Unauthorized Absences and Dismissal: The Medical Certificate Requirement in Philippine Labor Law

The Supreme Court upheld a dismissal for unauthorized absences, ruling that a vague medical certificate cannot excuse habitual absenteeism.

Upholding Client Trust: Attorney Negligence and the Duty to Refund Unearned Fees in the Philippines

A lawyer who neglects a client's case must refund unearned acceptance fees. The Supreme Court explains the rules on attorney negligence and quantum meruit.

Procedural Due Process in Administrative Cases: When a Show Cause Memorandum Suffices

The Supreme Court clarifies when a show cause memorandum satisfies procedural due process in administrative disciplinary proceedings against government employees.

Breach of Trust in Employment: When Can an Employer Validly Terminate an Employee

The Supreme Court clarifies the rules on dismissing managerial and fiduciary employees for loss of trust and confidence under the Labor Code.