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 116 of 16 articles for motion to dismiss

Default Orders and Affidavit of Merit: Lessons from Far East Fuel v. Airtropolis

A default order can be lifted only with an affidavit of merit and proof of excusable negligence. Learn the rules from a recent Supreme Court ruling.

Failure to State vs. Lack of Cause of Action: Key Distinctions in Philippine Property Cases

Learn the crucial difference between failure to state a cause of action and lack of cause of action, as clarified by the Supreme Court in Roa v. Sy.

Inordinate Delay and the Right to Speedy Disposition of Cases in the Philippines

Learn how the Supreme Court protects your right to speedy disposition of cases, explained through the landmark Campa, Jr. v. Paras ruling.

Voluntary Submission to Jurisdiction: Key Insights from the Jorgenetics Replevin Case

How a defendant's post-dismissal motions can cure defective service of summons and revive a replevin case, per the Supreme Court.

Quieting of Title vs. Annulment of Title: Key Supreme Court Ruling on Land Disputes

The Supreme Court clarifies when a quieting of title action is actually an annulment of title, and why the substance of a complaint matters.

Eviction from Military Reservations: Government Authority and Squatters' Rights in the Philippines

Philippine Army v. Pamittan clarifies when the government may evict occupants of military reservations without a court order and the limits of squatters' rights.

Bigamy in the Philippines: When a Second Marriage Is Void From the Start

Philippine law voids any second marriage contracted while a prior civil marriage subsists. Learn the rules, limits of Muslim divorce, and who may sue.

Forum Shopping and Dismissed Cases: What the Benedicto Ruling Means for Refiled Complaints

The Supreme Court clarifies when a withdrawn case must be disclosed in a certification against forum shopping, and what litis pendentia requires.

Willful Failure to Pay Just Debts: Disciplinary Risks for Philippine Government Employees

Philippine public servants can face administrative discipline for willful failure to pay just debts, even after settlement. Learn the rules and risks.

Quieting Title and Due Process: Notice of Raffle and Voluntary Submission to Jurisdiction

Learn how notice of raffle and voluntary appearance affect jurisdiction in quieting title cases, based on a 2006 Supreme Court ruling.

Ombudsman Jurisdiction Over GOCCs: The Original Charter Requirement

The Supreme Court limits Ombudsman jurisdiction over GOCCs to those with original charters, not corporations merely acquired by government.

Forum Shopping in Philippine Courts: The Quinsay Case and Why Multiple Lawsuits Backfire

Forum shopping—filing multiple suits for the same dispute—can get cases dismissed. Learn the rules from the Supreme Court's ruling in Quinsay.

Nationwide Reach of Replevin Writs: Jurisdiction and Enforcement in Philippine Courts

Philippine courts can enforce replevin writs nationwide. Learn how jurisdiction is determined and what it means for creditors and debtors.

Suing a Deceased Person in the Philippines: Estate Claims and Legal Personality Rules

Can you sue a deceased person's estate in the Philippines? Learn the legal personality rules and proper probate procedure for collecting debts from an estate.

Expropriation in the Philippines: Provisional Deposit and Writ of Possession Explained

Understand how the 1997 Rules on expropriation allow the government to take property upon depositing assessed value, and what this means for owners.

Counterclaims After Complaint Dismissal: Philippine Rules Explained

Learn when counterclaims survive dismissal of the main complaint under Philippine civil procedure, based on the Fletcher Challenge case.