SOME GUIDELINES AND

STANDARDS IN THE
EXERCISE OF JUDICIAL
DISCRETION
• The exercise of judicial discretion should be
guided by well-known rules which, while allowing
the judge rational latitude for the operation of his
own individual views, prevent him from getting out
of control.
THE EXERCISE OF DISCRETION IS GUIDED BY:

• 1. the applicable provisions in the Constitution;

• 2. the Rules promulgated by the Supreme Court;
• 3. those principles of equity and justice that are deemed to
be part of the law of the land
(Ramon “Bong” B. Revilla, Jr., v. Sandiganbayan and People of the Philippines, G.R.
No. 218235; Richard Cambe v. Sandiganbayan, et al., G.R. No. 218266; Janet Lim
Napoles v. Sandiganbayan, et al., G.R. No. 218903, 24 July 2018)
THE EXERCISE OF DISCRETION IN CRIMINAL CASES

- Determination of probable cause upon filing of the

Information
Rural Bank of Mabitac, Laguna, Inc. v. Canicon, et al., G.R. No. 196015,
27 June 2018
Liza Maza, Satur Ocampo, et al., v. Hon. Judge Evelyn Turla, G.R. No.
187094, 5 February 2017
• Petition for Bail in offenses punishable by death,
reclusion perpetua, and life imprisonment
• Requirement of summary hearing
• People of the Philippines v. Novo Tanes, G.R. No. 2405906, 3 April 2019
• Plea Bargaining
People of the Philippines v. Edgar Majingcar, G.R. No. 249629, 15
March 2021
• Demurrer to Evidence
• JCLV Realty and Development Corp. v. Phil Galicia mangali, G.R. No.
236618, 27 August 2020
EXERCISE OF DISCRETION IN CIVIL CASES

• Declaration of Defendant in Default

• Vitarich Corp. v. Femina Dagmil, G.R. No. 217138, 27 August 2020
It is within the sound discretion of the trial court to permit the filing of
an answer even beyond the reglementary period provided that there is
justification for the belated action and there is no showing that the
defendant intended to delay the proceedings.
• Motion for Reconsideration
Martinez v. Buen, G.R. No. 187342, 5 April 2017
• Demurrer to Evidence
• Mary Cristine Go-Yu v. Romeo Yu, G.R. No. 230443, 3 April 2019
• Judicial Affidavit Rule
Lim and People of the Philippines v. Edwin Lim, G.R. No. 214163, 1
July 2019
• Summary Judgment
Globe Asiatique Realty Holdings Corp. v. Union Bank of the
Philippines, G.R. No. 229339, 29 July 2019
• Execution Pending Appeal
Heirs of Aurio Casino, Sr., etc., v. Development Bank of the
Philippines, et al., G.R. No. 204052-53, 11 March 2020
THANK YOU!