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 59 articles for petition for certiorari

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.

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.

Constructive Dismissal of OFWs: When Unbearable Work Conditions Amount to Illegal Termination

The Supreme Court clarifies when unbearable working conditions abroad amount to constructive dismissal of OFWs, entitling them to back wages and damages.

When Can DAR Disqualify an Agrarian Reform Beneficiary? The Balucan Ruling

The Supreme Court clarifies who may file to disqualify an agrarian reform beneficiary and why landowners are not real parties-in-interest.

Double Jeopardy in the Philippines: When an Acquittal Becomes Final

Philippine law protects acquitted persons from retrial through double jeopardy. Learn the rule, its narrow exceptions, and key case law.

Final and Executory Judgments: The Doctrine of Immutability in Philippine Courts

Once a judgment becomes final and executory, courts cannot revisit it. Learn the doctrine of immutability, its exceptions, and key lessons from a recent Supreme Court ruling.

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.

OFW Illegal Dismissal: Philippine Labor Laws Protect Workers Abroad

Philippine labor laws protect OFWs from illegal dismissal, even abroad. Learn the rules on retrenchment, due process, and remedies.

Circumventing Procurement Laws: Supreme Court Affirms Dismissal of Local Officials

Supreme Court affirms dismissal of Buguias officials who bypassed competitive bidding under R.A. 9184, reinforcing public trust standards.

Sula v. COMELEC: Supreme Court Upholds Cotabato City’s Inclusion in BARMM

Supreme Court affirms COMELEC’s conduct of the Bangsamoro plebiscite, upholding Cotabato City’s inclusion in BARMM as the people’s will.

Piercing the Corporate Veil in Labor Cases: The Toledo Construction Ruling

When courts ignore corporate structures to enforce labor judgments, protecting workers from fraudulent asset transfers and evasion.

Libel Venue in the Philippines: Where Can a Public Official File a Case?

Learn the rules on libel venue for public officials under the Revised Penal Code, as clarified by the Supreme Court.

Defective Vehicle Refund and Manufacturer Liability Under the Consumer Act

Supreme Court ruling clarifies consumer refund rights for defective vehicles and manufacturer liability under RA 7394, with administrative fines reinstated.

Hierarchy of Courts in Certiorari Petitions: Lessons from Nacionales v. Solde-Annogui

The Supreme Court reaffirms the hierarchy of courts doctrine, requiring certiorari petitions to start at the RTC, not the High Court.

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.

Cable TV Franchise Tax: What the New Vision Ruling Means for Operators

The Supreme Court ruled that NTC-issued certificates of authority are administrative franchises subject to local franchise tax under the Local Government Code.

SALN Violations and Perjury: Prescriptive Periods Explained

Learn the prescriptive periods for SALN violations and perjury in the Philippines, based on the Supreme Court's ruling in the Germar case.

Execution Pending Appeal in Ejectment Cases: Immediate Judgment Enforcement in the Philippines

Learn how execution pending appeal works in Philippine ejectment cases, including the mandatory rule and key Supreme Court rulings.

Road Lots and HLURB Jurisdiction: What Subdivision Owners Must Know

The Supreme Court clarifies HLURB jurisdiction over subdivision road lots, public access rights, and the need to exhaust administrative remedies.

Executing a Labor Judgment Does Not Bar Certiorari: Due Process in Labor Disputes

Forced compliance with a writ of execution does not waive an employer's right to challenge a labor ruling via certiorari, the Supreme Court held.

Administrative Due Process and Bank Secrecy: The Sibayan v. Alda Ruling

The Supreme Court clarifies how administrative due process and bank secrecy limits discovery in BSP proceedings, as shown in Sibayan v. Alda.

Third-Party Claims in Property Execution: PSALM v. Maunlad Homes Explained

Learn how Philippine law protects third-party property owners from wrongful levy during judgment execution, based on PSALM v. Maunlad Homes.

Mining Rights vs. Indigenous Peoples: Exhaustion of Remedies and Grave Abuse of Discretion

The Supreme Court in Alecha v. Atienza underscores the exhaustion doctrine and limits of grave abuse of discretion in mining disputes.

Reinstatement Orders of Voluntary Arbitrators Are Immediately Executory—Even Pending Appeal

The Supreme Court confirms that reinstatement orders by Voluntary Arbitrators are immediately executory, even pending appeal, protecting workers' security of tenure.