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 124 of 733 articles for abuse of discretion

Appeal to Supreme Court Philippines: Rules, Process, and What to Expect

Learn the rules for an appeal to the Supreme Court of the Philippines, including what cases qualify, the petition process, and practical steps.

When an Appeal Is Dismissed for Late Brief: The Licup Ruling on Substantial Justice

The Supreme Court nullified the CA's dismissal of an appeal due to a late brief, citing substantial justice and liberty interests.

Finality of Judgments: COA Cannot Reverse Absolved Parties' Liability

The Supreme Court rules that the COA cannot reverse a final decision absolving employee-recipients from refunding disallowed benefits, reinforcing finality principles.

Breach of Public Trust: Defining Graft and Malversation in Philippine Law

The Supreme Court clarifies the elements of graft and malversation in Ruiz v. People, affirming a mayor's conviction for misuse of public funds.

BSP Bank Closure Powers: What the Supreme Court Ruling Means for Depositors

The Supreme Court upheld the BSP's power to close banks without prior hearing, protecting depositors while limiting legal challenges.

Government Procurement: When Can Bids Be Rejected Under RA 9184

The Supreme Court clarifies the limits of the Head of Procuring Entity’s power to cancel bids under RA 9184’s reservation clause.

Upholding Agrarian Reform When Can a Final Judgment Be Overturned

The Supreme Court explains when a final judgment can be overturned, applying exceptions to immutability in an agrarian reform case.

When Regulatory Approvals Matter: CSP Rules and Power Agreements After Alyansa

Supreme Court clarifies that power supply agreements filed after June 30, 2015 must comply with the Competitive Selection Process, even if executed earlier.

Double Jeopardy in the Philippines: When an Acquittal Can Be Overturned

Philippine law protects against double jeopardy, but an acquittal can be voided if the State's right to due process is violated. Learn the exception.

When Approving Officers Must Refund Disallowed Amounts: The Net Disallowed Amount Rule

The Supreme Court clarifies that approving officers are liable only for the net disallowed amount, not the full expenditure, when payees are excused.

Forum Shopping in the Philippines: Avoiding Conflicting Court Decisions

The Supreme Court clarifies the prohibition on forum shopping in labor cases, warning parties against raising the same issues in multiple forums to delay execution.

Labor-Only Contracting in the Philippines: Employer Liability and Worker Rights

Understand labor-only contracting in the Philippines, when a principal becomes the true employer, and key lessons from a recent Supreme Court ruling.

Government Procurement: Contract Splitting, Shopping, and Good Faith Liability

Explore the Supreme Court's ruling on contract splitting in government procurement, shopping as an alternative mode, and when officials may be excused from returning disallowed amounts.

DOJ Authority Over Preliminary Investigations: What It Means for Criminal Procedure in the Philippines

The Supreme Court recognizes the DOJ's authority to issue its own rules on preliminary investigations and repeals inconsistent provisions of Rule 112.

When Government Transactions Can Be Disallowed: COA's Power Explained

The Supreme Court clarifies when COA may disallow government payments and when it oversteps its audit powers in this PhilHealth case.

Preliminary Injunction vs Full Trial: Protecting Property Rights in the Philippines

The Supreme Court clarifies that a preliminary injunction hearing is not a substitute for a full trial on the merits in property disputes.

Navigating GOCC Compensation: Board Authority and Disallowed Benefits in the Philippines

Explaining the Supreme Court ruling on PNCC directors' gratuity benefits, GOCC status, and when disallowed compensation must be returned.

Estafa and Bouncing Checks: Understanding Penalties and Retroactivity in the Philippines

The Supreme Court clarifies when RA 10951's reduced estafa penalties apply retroactively and why a trial court erred in releasing a convict.

When Can the Comelec Disqualify Bidders? Electoral Integrity vs Procurement Law

The Supreme Court rules on the limits of Comelec's power to disqualify bidders under procurement law.

GCTA Eligibility After Conviction: Guinto v. DOJ Explained

The Supreme Court ruled that the 2019 IRR exceeded R.A. 10592 by excluding heinous crime convicts from GCTA. Here's what it means.

When Can a Mayor Order Demolition Without a Court Order? The Altarejos Ruling

The Supreme Court clarifies the limits of a mayor's power to order demolition without court intervention, reinforcing due process and property rights.

Supreme Court Upholds Dismissal of Election Overspending Case Due to COMELEC Delay

SC nullifies COMELEC resolutions in election overspending case, ruling that the poll body's six-year delay violated the right to speedy disposition.

SEC Quasi-Legislative Power: When Courts Can Review Agency Regulations

The Supreme Court clarifies when courts may review SEC regulations and why injunctions against the agency were improper in the PSE voting rights case.

Foreclosure Judgments Must State Amount and Payment Period: Lontoc v. Tiglao

A foreclosure judgment must specify the exact amount due and the payment period under Rule 68, Section 2, or it cannot be executed.