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Showing 217–240 of 352 articles for “procedure”

Understanding Judicial Delay and Accountability Through a Landmark Philippine Rape Conviction

A father's rape conviction highlights Philippine rules on judicial delay, information amendment, and accountability in criminal procedure.

Probable Cause and Warrants of Arrest: Safeguarding Your Rights in the Philippines

Understand probable cause and warrant issuance in Philippine criminal procedure, explained through the Supreme Court's ruling in De Joya v. Marquez.

Protecting Your Pawned Items: Understanding Proper Auction Procedures in the Philippines

Learn how Philippine courts protect judgment debtors' property through strict rules on sheriff auctions, garnishment, and payment handling.

Safeguarding Due Process: Proper Preliminary Investigation and Bail Procedures

A Supreme Court ruling on a judge's administrative liability clarifies the mandatory rules on preliminary investigation and bail hearings in the Philippines.

Default Judgments and Proper Appeals: Navigating Procedural Errors in Philippine Law

Learn how the Supreme Court treats default judgments, appeal errors, and legal redemption deadlines in Philippine civil procedure.

Mootness in Preliminary Injunctions: When Does a Case Become Irrelevant

Learn when a case becomes moot and how Philippine courts treat preliminary injunctions in this plain-language guide to civil procedure.

Amending Pleadings: The Right to Amend Before a Responsive Pleading

Learn the rules on amending pleadings before a responsive pleading is filed, and the consequences of missing appeal deadlines in Philippine civil procedure.

Balancing Employee Rights and Employer Authority in Philippine Termination Procedures

The Supreme Court clarifies the two-notice rule in employee dismissal, balancing employer authority with due process rights.

Upholding the Mandatory Nature of Summary Procedure Dismissal of Belated Answers in Ejectment Cases

A judge's severe reprimand for admitting a belated, unverified answer in an ejectment case underscores the mandatory character of the Revised Rule on Summary Procedure.

When Judges Ignore Procedure: A Lesson from the Luna v. Mirafuente Sanction

A judge's failure to apply the Revised Rule on Summary Procedure in an ejectment case leads to a severe reprimand from the Supreme Court.

Deposition Admissibility and Waiver of Cross-Examination in Philippine Civil Procedure

Philippine Supreme Court ruling on deposition admissibility for aged witnesses and waiver of cross-examination rights in civil cases.

Accountable Officers Liability Upholding Due Diligence in Public Fund Management

Supreme Court ruling on judge's gross ignorance of law in bail and preliminary investigation procedures, reinforcing judicial accountability.

Sheriff's Duties in Executing Judgments: When Collecting Fees Becomes Misconduct

Learn the proper procedure for sheriff's expenses in executing judgments, and the consequences when sheriffs collect fees without court approval.

Balancing Justice AND Procedure When Courts CAN Relax Rules FOR Fairness

Philippine Supreme Court explains when procedural rules may be relaxed to serve substantial justice, using a forum-shopping case as example.

Sheriffs Must Follow Court-Approved Fee Process or Face Administrative Liability

A sheriff who collected excess service fees without court approval was fined for grave dereliction of duty, clarifying Rule 141 procedure.

Upholding Due Process: Ignoring Preliminary Investigation Procedures Constitutes Gross Ignorance of the Law

A judge who skips the required preliminary investigation procedure violates due process and commits gross ignorance of the law.

Upholding THE Rule OF LAW Disregarding Summary Procedure Leads TO Judicial Fine

Upholding Public Trust: Sheriff Penalized for Neglecting Official Duty and Violating Office Procedures

A sheriff's repeated absences from his post without following office procedures led to a fine equivalent to one month's salary for simple misconduct.

Execution Pending Appeal: The Imperative of Good Reasons in Philippine Civil Procedure

Philippine courts grant execution pending appeal only for compelling reasons. Learn the rule, the exceptions, and practical takeaways.

Sheriffs Duty Enforcing Money Judgments AND Protecting Debtors Rights IN THE Philippines

Learn how Philippine sheriffs must balance enforcing money judgments with protecting debtors' rights, including proper procedures and remedies.

Prompt Disposition Mandate: Disciplining Judges for Case Delays

The Supreme Court disciplines a judge for undue delay in deciding an ejectment case, underscoring the mandatory nature of the 30-day period under the Revised Rules on Summary Procedure.

Strikes at Sea: Balancing Seafarer Rights and Disciplinary Procedures in Maritime Employment

Philippine Supreme Court ruling on seafarer dismissal for joining a strike, emphasizing due process in maritime disciplinary procedures.

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.

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).