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Showing 241–264 of 293 articles for “court of appeals”

Challenging Ejectment Delays: Certiorari When Summary Procedure Fails

Learn when certiorari can challenge indefinite suspension of ejectment cases under the Rules on Summary Procedure, per Go v. Court of Appeals.

Grave Abuse of Discretion in Philippine Courts: When Certiorari Overcomes Lapsed Appeals

Explaining Bachrach v. Court of Appeals: when res judicata does not bar a separate action, and when certiorari may proceed despite a lapsed appeal.

Certiorari vs Appeal: The Proper Way to Challenge NLRC Decisions in the Philippines

Learn the correct remedy for questioning NLRC decisions—certiorari under Rule 65, filed with the Court of Appeals, not a direct appeal.

Supreme Court Limits Its Own Power: NLRC Cases Now Start at the Court of Appeals

The Supreme Court ruled that petitions challenging NLRC decisions must first be filed with the Court of Appeals, respecting the hierarchy of courts.

Void Titles: Land Ownership and Forest Land Classifications in the Philippines

A homestead patent over forest land is void. The Reyes v. Court of Appeals ruling and its implications for Philippine land titles.

Judicial Ethics and Due Process: The Rule on Service of Judgments by Registered Mail

A look at Santos v. Court of Appeals on the completeness of service by registered mail and the need for conclusive proof of notice.

Mandatory PCHC Arbitration for Bank Check Disputes in the Philippines

Philippine banks must settle check clearing disputes through PCHC arbitration before going to court, as explained in Allied Banking v. Court of Appeals.

Electric Cooperative Membership and Director Eligibility: Key Rules from Espina v. Court of Appeals

Philippine Supreme Court ruling on electric cooperative membership requirements and director eligibility under P.D. 269, explained in plain language.

Philippine Legal Interest on Loans: When Does 12% Apply? Villanueva v. CA Explained

Learn when 12% legal interest applies to unpaid loans in the Philippines, based on the Supreme Court's ruling in Villanueva v. Court of Appeals.

Buyer Beware Understanding Mortgage Foreclosure Risks When Purchasing Property in the Philippines

Learn from Ligon v. Court of Appeals why buyers of mortgaged Philippine property face serious foreclosure risks and what due diligence requires.

Successor Beware: Why Due Diligence Is Key to Avoiding Prior Judgments in Philippine Property Law

A buyer of Philippine property can be bound by a court judgment against its seller, even if not named in the suit. Learn the due diligence lesson from Eternal Gardens v. Court of Appeals.

Right of Way Easements in the Philippines: The Least Prejudice Rule and Due Process

Philippine courts require hearing all affected landowners in right of way disputes. Learn the least prejudice rule from Almendras v. Court of Appeals.

Final Judgments ARE Final Understanding Immutability IN Philippine Administrative LAW

Learn how the Supreme Court in Caraan v. Court of Appeals clarified the preliminary nature of DAR determinations and the finality of judgments in agrarian disputes.

Implied Trusts in Philippine Property Law: When a Titleholder Is Not the True Owner

Learn how implied trusts work under Philippine law, the gift presumption for children under Article 1448, and key lessons from Morales v. Court of Appeals.

Eyewitness Testimony WHY IT Reigns Supreme IN Philippine Courts Bautista V Court OF Appeals

Delayed Cargo Claims and Prescription: When the One-Year COGSA Rule Does Not Apply

Explaining Mitsui O.S.K. Lines v. Court of Appeals: when delayed delivery claims are not "loss or damage" under COGSA's one-year prescriptive period.

Valid Contracts for Future Property in the Philippines: Insights from Mananzala v. Court of Appeals

Learn when a contract to sell future property is valid under Philippine law, based on the Supreme Court's ruling in Mananzala v. Court of Appeals.

Discovery in Philippine Litigation: Timing, Scope, and Court Discretion

Philippine discovery rules have no strict time limit. Courts enjoy wide discretion, as shown in Producers Bank v. Court of Appeals.

Reconveyance Actions and Prescription: Lessons from Delos Reyes v. Court of Appeals

A 30-year delay bars reconveyance claims under the Torrens system, protecting innocent purchasers for value from stale suits.

Security of Tenure in Government Service: When a Defective Appointment Prevents It

A government employee's security of tenure depends on a valid, completed appointment. Corpuz v. Court of Appeals explains the rule.

Double Jeopardy in the Philippines: When Protection Against Repeated Prosecution Applies

Understand when double jeopardy protects an accused in the Philippines, and when it does not, based on Cudia v. Court of Appeals.

Warrantless Arrests and Searches: When Are They Legal in the Philippines?

Learn when warrantless arrests and searches are legal in the Philippines, based on the Supreme Court's ruling in Malacat v. Court of Appeals.

SEC Jurisdiction Over Commodity Futures Fraud Claims: Lessons From Tolentino v. Court of Appeals

When fraud in commodity futures trading falls under SEC jurisdiction, not regular courts, per Tolentino v. CA.

Execution Pending Appeal: When Can a Judgment Be Enforced Early in the Philippines

Philippine Supreme Court clarifies the "good reasons" standard for execution pending appeal, using PBCom v. Court of Appeals.