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Showing 217–240 of 342 articles for “motion”

Judicial Accountability: Independent Evaluation Required Before Dismissing Criminal Cases

Supreme Court holds judges liable for granting motions to dismiss without independent review, notice, and hearing.

Judicial Efficiency: Judge Fined P5,000 for Undue Delay in Resolving a Motion

A judge's failure to resolve a pending motion within the 30-day reglementary period constitutes undue delay, a less serious offense under Rule 140.

Untangling Premature Appeals: Baniqued v. Ramos and the Perils of Anticipating Court Decisions

A premature notice of appeal filed while a motion for new trial is pending is inefficacious and cannot perfect an appeal under Rule 41.

Estate Claims and Heir Liability: Filing Requirements and Partition Validity

Learn how the Supreme Court clarified Rule 16 on motion to dismiss resolution, estate claims, and heir liability in Lu Ym v. Nabua.

Exhaustion of Administrative Remedies: A Prerequisite Before Court Action

Philippine Supreme Court ruling on why exhaustion of administrative remedies and motion for reconsideration are mandatory before judicial recourse.

Motion to Dismiss and the Imperative of Clear Reasoning in Court Resolutions

Why courts must clearly explain their rulings, and how the Supreme Court applies this principle in civil procedure.

When Can You Appeal a Denied Motion to Quash? The Basa Case Explained

Learn from Basa v. People when a denied motion to quash is appealable, and why interlocutory orders cannot be appealed prematurely.

Interlocutory Orders Understanding Appealability IN Philippine Criminal Procedure

Learn when an order denying a motion to quash is interlocutory and not appealable, based on Basa v. People (G.R. No. 152444).

Loss of Trust and Due Process: An Employee's Right to a Fair Hearing

A judge's hasty grant of a motion without hearing shows how due process protects both litigants and public trust in the judiciary.

Upholding Candor: Attorney Suspended for Misleading Statements to the Court

A lawyer who filed a motion to withdraw citing workload, then swore he lied to hide judicial bias, was suspended one year for violating the lawyer's oath.

Perfecting Labor Appeals: The Mandatory Bond Requirement and Its Exceptions

Learn why posting an appeal bond is mandatory in labor cases, when exceptions apply, and how a motion to reduce bond affects the appeal period.

Judicial Independence vs Executive Discretion in Criminal Prosecution: The Santos v. Orda Ruling

When may a court grant a prosecutor's motion to withdraw an information? The Supreme Court clarifies the limits of judicial deference to the DOJ.

Balancing Discretion and Qualification: Upholding the Appointing Authority in Civil Service

The Supreme Court affirms that appointing authorities have discretion in promotions, provided appointees meet qualification standards.

Procedural Deadlines Matter: Why Second Extension Motions Can Sink Your Appeal

Philippine Supreme Court ruling on why a second motion for extension to file an appeal can be fatal, and what litigants must know about Rule 42 deadlines.

Voluntary Submission: How Filing a Motion Can Establish Court Jurisdiction

Filing any motion without objecting to jurisdiction can constitute voluntary submission to a Philippine court's authority over a defendant's person.

Challenging Anti-Graft Law: Balancing Due Process and Public Accountability

The Supreme Court upholds Section 5 of RA 3019 against vagueness challenges, clarifying rules on repetitive motions, prescription, and immunity.

Constructive Dismissal When Job Changes Lead to Illegal Termination

Learn how a demotion in rank and pay cut can amount to constructive dismissal, even when an employer claims abandonment.

Finality of DOLE Secretary's Orders: Strict Compliance and Consequences of Delay

Learn why a second motion for reconsideration is prohibited and how delay can make DOLE Secretary orders final and executory.

The Right to Be Heard: Due Process in Judicial Proceedings

A judge who grants a motion without notice violates due process. This case explains the rule on notice and hearing.

Constructive Dismissal: Demotion and Salary Reduction as Grounds for Illegal Termination

Philippine Supreme Court ruling on constructive dismissal through demotion and salary reduction, explained in plain language for employees and employers.

Lawyers Cannot Claim Ignorance of Basic Procedures to Abandon Client Obligations

Philippine Supreme Court rules a lawyer's claim of ignorance in filing a motion for reconsideration is no excuse for neglecting a client's case.

Dismissal for Dishonesty: Falsifying Credentials in Government Service

Supreme Court affirms dismissal of court employee who falsified educational credentials in Personal Data Sheets to gain promotions.

Finality of Judgment: Untimely Appeal Bars Reconsideration in Debt Collection Case

Philippine Supreme Court ruling on finality of judgment, untimely appeals, and pro forma motions for reconsideration in debt collection disputes.

When Can You Challenge an Order Denying a Motion to Dismiss? The Caballes Case

The Supreme Court explains why an order denying a motion to dismiss is interlocutory and cannot be questioned via certiorari.