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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Certiorari Filing Deadlines: Why the 60-Day Rule Is Strict in Philippine Courts
Philippine courts strictly enforce the 60-day certiorari filing period under Rule 65. Learn why late petitions fail and how to avoid common pitfalls.
Forum Shopping and Premature Certiorari: Lessons from an Insurance Claim Dispute
Learn how the Supreme Court clarified preliminary hearings on affirmative defenses and the proper use of certiorari in insurance disputes.
Untimely Appeal The Strict Timeline For Filing A Petition For Certiorari
A deep dive into the Supreme Court's ruling on the strict 15-day timeline for filing a petition for certiorari under Rule 65, and why missing it is fatal.
Reviving a Dissolved Management Committee: Limits on SEC Power and Shareholder Disputes
The Supreme Court explains when a special management committee can be revived and why certiorari is not the remedy for failed shareholder disputes.
Counsel's Negligence Binds the Client: Jaramillo v. Court of Appeals and the Lost Appeal
In Jaramillo v. Court of Appeals, the Supreme Court held that a client is bound by counsel's negligence and that certiorari cannot replace a lost appeal.
Retroactive Application of Procedural Rules: The Fresh Period Rule for Certiorari Petitions
The Supreme Court clarifies that curative procedural rules apply retroactively, granting a fresh 60-day period for filing certiorari petitions after denial of reconsideration.
When Can You Appeal a Denied Motion to Dismiss? Lessons from Bonifacio Construction
Philippine Supreme Court clarifies that denial of a motion to dismiss is interlocutory, not appealable via certiorari. Learn the proper remedy.
Substantial Compliance With Material Dates Rule in Certiorari Petitions
SC relaxes Rule 46 material dates requirement when petition shows substantial compliance, remands case for merits determination.
Certiorari Remedy When Land Bank Questions Just Compensation Ruling
Supreme Court clarifies when Land Bank may use certiorari to question execution of agrarian just compensation awards.
Retroactive Application of Procedural Rules Ensuring Fairness in Certiorari Filings
Philippine Supreme Court ruling on retroactive application of curative procedural rules for certiorari filings under Rule 65.
Curing Defects: How Amending a Complaint Can Moot a Case in Philippine Bouncing Checks Law (BP 22)
Learn how a second amended complaint cured defects in a BP 22 case and rendered a certiorari petition moot under Philippine rules.
Preliminary Injunctions in Philippine Litigation: Interlocutory Orders and Rule 65 Remedies
Explaining when preliminary injunction orders can be challenged via Rule 65 certiorari, and why such orders need not follow the full form of final decisions.
Certiorari as an Improper Substitute for a Lost Appeal: The Importance of Timely Filing
A Supreme Court ruling reminds litigants that certiorari cannot replace a lost appeal, and that probable cause in preliminary investigations rests on probability, not certainty.
Substantial Compliance with Procedural Rules: Certified Xerox Copies in Philippine Law
Supreme Court ruling on certified xerox copies as substantial compliance with Rule 65 requirements for petitions for certiorari.
Duty to Account: Co-Administrators' Responsibilities in Estate Settlement
Supreme Court clarifies co-administrators' duty to render accounting in estate proceedings, and limits of certiorari.
Navigating Ombudsman Decisions Understanding Certiorari AND Supreme Court Jurisdiction
Certiorari Petitions: Substantial Compliance With Procedural Rules For Timely Review
SC rules substantial compliance with Rule 42 requirements may excuse dismissal of petitions for review, protecting the right to appeal.
Exhaustion of Administrative Remedies: Why Appeals Matter in Local Government Disputes
Why a mayor's suspension case was dismissed: the rule that appeal must precede certiorari in local government disputes.
Dismissal for Late Docket Fee Payment: Strict Timelines in Certiorari Petitions
Learn how late docket fee payment and wrong remedy choices can doom certiorari petitions, based on Mercado v. Court of Appeals.
Appeals Ordinary vs Certiorari: Lessons From a Lawyer's Suspension
A lawyer's misuse of certiorari and a TRO led to suspension. Learn the difference between ordinary appeals and certiorari in Philippine courts.
Dismissal of Public Official for Grave Misconduct and the Limits of Certiorari
A prosecutor's dismissal for grave misconduct is upheld; certiorari cannot substitute for a lost appeal.
Certiorari Limitations: Abuse of Discretion vs. Errors of Judgment in Property Disputes
The Supreme Court clarifies when certiorari may correct grave abuse of discretion, distinguishing it from mere errors of judgment in property cases.
When the Ombudsman Dismisses a Graft Complaint: The Limits of Judicial Review
Explore Samson v. Ombudsman, where the Court upheld the Ombudsman's dismissal of a graft complaint for lack of probable cause, clarifying the limits of certiorari and mandamus.
Strict Enforcement of the 60-Day Rule in Certiorari Petitions: Prudential Guarantee v. Court of Appeals
The Supreme Court affirms dismissal of a late certiorari petition, underscoring the mandatory and inextendible 60-day period under Rule 65.