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 1–9 of 9 articles for “abuse-of-discretion”

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Feb 8, 2023 civil-procedure rule-43 appeal procedural-technicalities grave-abuse-of-discretion court-of-appeals

Timely Filing of Appeals and the Limits of Procedural Technicalities in Philippine Courts

The Supreme Court reminds courts that litigation is not a game of technicalities, reversing the CA's dismissal of an appeal filed on time.

Jan 10, 2023 election-law comelec speedy-disposition grave-abuse-of-discretion preliminary-investigation omnibus-election-code

Speedy Disposition of Cases: COMELEC's 7-Year Delay Is Grave Abuse of Discretion

The Supreme Court nullified COMELEC's resolution against a governor due to a seven-year delay in preliminary investigation, affirming the right to speedy disposition of cases.

Aug 14, 2019 civil-procedure certiorari interlocutory-orders grave-abuse-of-discretion default recovery-of-possession

Certiorari as an Improper Remedy: Interlocutory Orders and Grave Abuse of Discretion in Recovery of Possession

A party cannot use certiorari to challenge interlocutory orders like a denied motion to dismiss or default order when ordinary remedies exist.

Jan 30, 2013 criminal-law probable-cause preliminary-investigation doj-secretary grave-abuse-of-discretion homicide

Probable Cause vs Evidentiary Weight: The DOJ Secretary’s Review Power Delineated

The Supreme Court clarifies when the DOJ Secretary oversteps by weighing evidence in a preliminary investigation, not just determining probable cause.

Aug 25, 2010 criminal-law certiorari double-jeopardy grave-abuse-of-discretion acquittal rule-65

Certiorari as Remedy for Questioning Acquittal Based on Grave Abuse of Discretion

The Supreme Court clarifies when certiorari may question an acquittal and why errors of judgment remain barred by double jeopardy.

Aug 7, 2007 criminal-law double-jeopardy withdrawal-of-information probable-cause department-of-justice grave-abuse-of-discretion

Independent Assessment Prevails: Dismissal Based Solely on DOJ Resolution Is Grave Abuse of Discretion

Philippine Supreme Court rules trial courts must independently assess evidence before granting motions to withdraw information, not merely adopt DOJ resolutions.

Aug 4, 2006 criminal-procedure arraignment grave-abuse-of-discretion motion-to-defer rules-of-court

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.

Mar 1, 2001 election-law comelec grave-abuse-of-discretion barangay-election finality-of-decisions certiorari

Finality of Comelec Decisions and Grave Abuse of Discretion in Election Cases

When are Comelec rulings on barangay election contests truly final? The Supreme Court explains the narrow exception for grave abuse of discretion.

Jan 8, 1998 criminal-law warrant-of-arrest abuse-of-discretion rules-of-court judicial-misconduct

When Can a Judge Recall a Warrant of Arrest: Understanding Abuse of Discretion

A Supreme Court ruling explains the three-day notice rule for motions and when a judge commits abuse of discretion in recalling warrants.