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 119 of 19 articles for discretionary power

Interest on Overdue Accounts: Clarifying the Scope of Legal Interest and Unconscionability in Sales of Goods

The Supreme Court clarifies when legal interest applies to stipulated interest and how courts determine unconscionable rates in sales transactions.

Hierarchy of Courts and Locus Standi When Constitutional Issues Override Procedural Rules

Explaining when the Supreme Court allows direct petitions despite the hierarchy of courts and relaxed standing rules in constitutional cases.

Supreme Court Upholds JBC’s Power to Set Qualifications for Judges

The Supreme Court affirms the JBC’s authority to impose a five-year service requirement for judges seeking promotion to higher courts.

Substitution in Elections: Comelec's Discretion and Due Process Rights

A look at the Supreme Court's ruling on candidate substitution, the Comelec's ministerial duty, and the due process requirements in election cases.

Execution Pending Appeal and Surety Liability: The Imminent Danger of Insolvency Standard

When can a judgment be executed before appeal is final? The Supreme Court clarifies the "good reasons" standard and a surety's exposure on an injunction bond.

Mandamus Cannot Compel a Mayor to Issue Business Permits: The Rimando Case

Philippine Supreme Court clarifies that issuing business permits is a discretionary, not ministerial, act—so mandamus cannot compel it.

Mandamus and Discretionary Powers: Can Courts Compel Agency Action?

Explaining the limits of mandamus in Philippine law, when courts can compel agency action, and the doctrine of qualified political agency.

Execution Pending Appeal in Election Cases: When "Good Reasons" Are Not Enough

The Supreme Court clarifies when execution pending appeal in election cases is allowed and why "good reasons" must be clearly established.

Judicial Discretion vs Duty: When Can a Judge Inhibit From a Case?

Philippine Supreme Court clarifies the limits of voluntary judicial inhibition, balancing a judge's discretion against the duty to decide cases.

Water District General Managers: Security of Tenure vs Board Discretion

Philippine Supreme Court ruling on whether water district general managers serve at the pleasure of the board or enjoy security of tenure.

Ombudsmans Discretion Investigating Complaints Against Public Officials IN THE Philippines

The Supreme Court clarifies the Ombudsman's discretionary power to investigate complaints against public officials and the limits of judicial review.

Missed Your Appeal Deadline Philippine Supreme Court ON Finality OF Judgments 2

Learn how the Supreme Court protected a litigant's right to document production in Santos v. PNB, clarifying trial court discretion and NBI examination requirements.

Protecting Your Right to Appeal: Discretionary Dismissal for Docket Fee Deficiencies in Philippine Courts

Philippine courts may dismiss appeals for unpaid docket fees, but dismissal is discretionary, not mandatory. Learn when deficiencies are excusable.

CBA Arbitral Award Retroactivity in the Philippines: Meralco v. Secretary of Labor Explained

Learn the rule on retroactivity of CBA arbitral awards from Meralco v. Secretary of Labor, including the six-month period and hold-over principle.

When Can You Compel Government Agencies to Issue Regulations? A Mandamus Guide

Learn when Philippine courts will issue mandamus to compel agencies to act, and when they will not, based on the Pacheco v. SRA ruling.

Second Chances in Appeals: Leniency for Late Docket Fee Payments in Philippine Courts

Philippine courts may relax procedural rules on late appeal docket fees when justice requires, as shown in this 1999 ruling.

Writ of Possession in Expropriation: When Demolition Is Implied | Philippine Law

In expropriation cases, a writ of possession can include the power to demolish structures. Learn the rule from Knecht v. Desierto.

Retroactivity and Creditability of Wage Increases in Collective Bargaining Agreements

Philippine Supreme Court ruling on when CBA wage increases retroact and whether they can be credited against future mandated wage increases.

PCGG Sequestration Orders: Due Process and Valid Authority Requirements

The Supreme Court rules that PCGG sequestration orders require at least two Commissioners and a prima facie showing, protecting due process rights.