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 401 articles for discretion

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.

Foreign Land Ownership Ban Upheld: Supreme Court Voids Dummy Arrangements

The Supreme Court voids a German citizen's dummy land purchase, reaffirming the constitutional ban on foreign land ownership in the Philippines.

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.

Mandamus and Retirement Benefits: How Government Employees Can Enforce Their Rights

Learn how mandamus can compel government agencies to release delayed retirement benefits, based on a recent Supreme Court ruling.

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.

Death of the Accused and Criminal Liability: The Rodriguez v. Elorde Ruling

When an accused dies before final judgment, criminal liability is extinguished. But civil liability may survive—here's how.

Judicial Immunity: Administrative Complaints Cannot Substitute Judicial Remedies

Administrative complaints cannot substitute judicial remedies against judges. Learn from a recent Supreme Court ruling on judicial immunity.

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.

Bangsamoro Organic Law Upheld: Supreme Court Affirms Autonomy and Self-Determination

The Supreme Court affirms the constitutionality of the Bangsamoro Organic Law, upholding the right to self-determination and the establishment of the BARMM.

Party List Nominee Substitution Rules: Safeguarding Electoral Integrity

The Supreme Court clarifies post-election party-list nominee substitution rules, emphasizing mandatory deadlines and the electorate's right to choose.

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.

Community Service as an Alternative to Jail Time: Understanding R.A. 11362 in the Philippines

The Supreme Court explains how Republic Act No. 11362 allows courts to convert arresto menor and arresto mayor penalties into community service.

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.

Presidential Approval Required for PCAB Rules: Cooperative Licensing Case

Supreme Court ruling: PCAB regulations on contractor licensing need presidential approval, protecting construction cooperatives from forced incorporation.

Competency of Witnesses With Intellectual Disabilities: Safeguarding Justice in the Philippines

The Supreme Court affirms that intellectual disability alone does not disqualify a witness, provided they can perceive and communicate their perceptions.

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.

Execution Pending Appeal in Support Cases: Protecting Women and Children Under RA 9262

The Supreme Court clarifies when support awards in VAWC cases may be executed pending appeal, protecting women and children from economic abuse.

Probationary Employment in the Philippines: Understanding Regularization Standards

The Supreme Court clarifies when probationary employees may be validly terminated for failing to meet regularization standards under Philippine 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.

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.