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 111 of 11 articles for rule 65 certiorari

Venue Stipulations and the Right Remedy: Pillars Property v. Century Communities

The Supreme Court clarifies when a venue stipulation binds parties and why dismissal for improper venue calls for certiorari, not appeal.

VAT Refund Claims: Why the 120-Day Rule Is Jurisdictional and Deadlines Matter

Learn how the Supreme Court's ruling in Aichi Forging clarifies the mandatory 120-day VAT refund waiting period and its impact on taxpayers.

Treble Costs Under Rule 65: When Courts May Penalize Frivolous Petitions

The Supreme Court clarifies that treble costs under Rule 65 are discretionary, requiring clear justification, not automatic penalties.

Finality of Ombudsman Decisions: Limited Judicial Review in Administrative Cases

A Supreme Court ruling clarifies the proper remedy for appealing Ombudsman decisions and the limits of judicial review in administrative cases.

Balancing Due Process and Anti-Money Laundering: Freeze Orders and Property Rights

Supreme Court rules indefinite freeze orders violate due process; six-month extension limit applies under the Rule in Civil Forfeiture Cases.

Income Tax Returns: Balancing Confidentiality and Admissibility in Court

When can courts compel production of income tax returns? The Supreme Court clarifies the limits of confidentiality and the proper remedy.

Protecting Land Titles: Limits of Agrarian Reform Jurisdiction and Ancestral Land Claims

Supreme Court ruling on DARAB jurisdiction, Torrens title protection, and ancestral land claims under RA 8371.

Hierarchy of Courts and Exhaustion of Remedies: The Indispensable Steps Before Seeking Certiorari

Learn why a motion for reconsideration and the hierarchy of courts rule are mandatory before filing a Rule 65 certiorari petition.

The Perils of Procedural Missteps: Navigating Appeal Deadlines in Philippine Courts

Victory Liner v. Malinias shows how procedural errors, not the merits, can doom a case. Learn the rules on appeals, relief, and certiorari.

Retroactivity of Procedural Rules When Amended Laws Affect Pending Cases

When procedural rules change mid-case, retroactivity applies. Learn how the Supreme Court resolved this in Siena Realty.

Amendment of Information: Balancing Procedural Rules and the Accused's Right to Due Process

When can the prosecution amend an Information after the accused pleads? The Supreme Court clarifies the distinction between formal and substantial amendments.