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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Missed Your Appeal Deadline? The Supreme Court’s Firm Stance on Appeal Periods
The Supreme Court explains why filing a motion for extension of time to appeal is not allowed and why missing the 15-day period is fatal.
Deadline Is King: Perfecting Your Real Property Tax Appeal in the Philippines
Learn why filing a motion for reconsideration with the assessor won't stop the 60-day clock for appealing to the Local Board of Assessment Appeals.
Substantial Justice Prevails Understanding Motions FOR Extension AND Notice Requirements IN Philippine Appeals
When a defective motion for extension can still save an appeal, and when execution pending appeal is premature in ejectment cases.
Missed Appeal Deadlines Understanding THE Fresh Period Rule IN Philippine Courts
Learn how the fresh period rule in Neypes v. CA changed appeal deadlines in Philippine courts, giving litigants a full 15 days after denial of a motion for reconsideration.
Fresh Period Rule for Appeals: The First Aqua Sugar Traders Case
The Supreme Court clarifies that a motion for reconsideration grants litigants a fresh 15-day period to appeal, applying the Neypes doctrine retroactively.
Why Courts Must Scrutinize Motions to Withdraw Criminal Cases in the Philippines
The Supreme Court affirms that inordinate delay in preliminary investigation violates an accused's constitutional right to due process and speedy disposition.
Motion for Reconsideration: A Critical Step in Philippine Certiorari Petitions Before the Comelec
Learn why exhausting remedies like a motion for reconsideration matters in certiorari cases before the Comelec, based on Carloto v. COMELEC.
Missed Your Pre-Trial? Understanding When Philippine Courts Grant a Second Chance
Philippine courts rarely grant second chances after a pre-trial is missed. Learn the rules on when motions may be reconsidered and the limits of court discretion.
When a Motion to Inhibit Is Not Contempt: The Tabao Case on Judicial Restraint
The Supreme Court clarifies when a lawyer's motion to inhibit a judge crosses the line into contempt—and when it does not.
Dilatory Tactics and the Five-Year Rule: When Delaying Execution Backfires
The Supreme Court condemns a losing party's dilatory tactics that delayed execution of a final judgment for years, clarifying the five-year rule on execution by motion.
Motion for Reconsideration: Avoiding Pro Forma Dismissals in Philippine Courts
Learn how Philippine courts treat procedural lapses in motions for reconsideration, and why substantive justice prevails over technicalities.
Execution of Intra-Corporate Judgments: When Reliefs Align With the Dispositive Portion
Philippine Supreme Court clarifies when a motion for execution may seek reliefs that go beyond a judgment's dispositive portion in intra-corporate disputes.
Management Prerogative vs Employee Rights: The Limits of Promotion Decisions
When does a supervisor's recommendation bind management? The Supreme Court clarifies the limits of management prerogative in promotion decisions.
Motion to Defer Arraignment Denied: Understanding Grave Abuse of Discretion in Philippine Courts
When can a judge's refusal to postpone arraignment amount to grave abuse of discretion? The Supreme Court explains the limits of judicial discretion.
Motion for Reconsideration Before IBP Now Allowed in Lawyer Discipline Cases
Supreme Court amends IBP rules to allow motions for reconsideration before appeal in lawyer disciplinary cases, citing Halimao v. Villanueva.
Motion for Reconsideration and Election Protests: The CCP Board Case
The Supreme Court ruled on the constitutionality of filling vacancies in the CCP Board and the limits of the President's appointing power.
The Fresh Period Rule: Resetting Appeal Deadlines After a Motion for Reconsideration
Learn how the Fresh Period Rule gives litigants a new 15-day window to appeal after a motion for reconsideration is denied.
Dismissal for Failure to Prosecute: When Procedural Lapses Cost the Case
Philippine Supreme Court clarifies dismissal for failure to prosecute, final orders, appeal remedies, and the mandatory 15-day period for motions for reconsideration.
Insufficient Information and Waiver of Rights in Philippine Rape and Lasciviousness Cases
Can a rape conviction stand if the information omits force and intimidation? People v. Candaza explains waiver under the omnibus motion rule.
Judicial Delay in the Philippines: Holding Judges Accountable for Delayed Case Resolutions
A Supreme Court ruling shows Philippine judges face fines for failing to resolve motions within the mandatory 30-day period.
When Courts Deny Postponements: Due Process in Philippine Litigation
A Supreme Court ruling on when denying a motion for postponement violates due process, and what parties must show to get a resetting.
Navigating Philippine Warrants of Arrest: When Can a Court Act on Your Motion
Philippine Supreme Court clarifies when courts can act on motions to quash warrants of arrest, distinguishing custody of law from jurisdiction over the person.
Certiorari Without Motion for Reconsideration: Exceptions Under Rule 65
Learn when Philippine courts allow a direct petition for certiorari without a prior motion for reconsideration, based on the PAL-PESALA case.
Sheriff's Duty in Writ of Execution: Diligence Must Not Overstep Authority
A sheriff's premature implementation of a court order and service of a party's motion led to suspension for simple misconduct.