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Showing 289–312 of 373 articles for “petition”

Strict Enforcement of the 60-Day Rule in Certiorari Petitions: Prudential Guarantee v. Court of Appeals

The Supreme Court affirms dismissal of a late certiorari petition, underscoring the mandatory and inextendible 60-day period under Rule 65.

Grave Abuse of Discretion: When Denial of a Petition for Relief Is Proper

The Supreme Court clarifies when a court's denial of a petition for relief from judgment amounts to grave abuse of discretion.

Appeal vs Certiorari: Choosing the Right Path for Legal Recourse in the Philippines

Learn when to file an appeal versus a certiorari petition under Philippine law, explained through the Supreme Court's ruling in Andalis v. Court of Appeals.

NTC Authority to Grant Provisional Authorities and the Non-Exclusive Nature of Telecom Franchises

The Supreme Court affirms NTC's discretion to grant provisional authorities to multiple telecom providers, upholding healthy competition over exclusivity claims.

Promoting Competition in Telecom: NTC Can Grant Provisional Authorities to New Players

Supreme Court affirms NTC's power to grant provisional authorities to competing telecom providers, promoting healthy competition over exclusivity.

Failure of Election: When the Electorate's Will Cannot Be Ascertained

The Supreme Court explains when a failure of election may be declared and why mere allegations of irregularities belong in an election protest, not a COMELEC petition.

Protecting Brand Identity: Jurisdiction Over Unfair Competition Cases

The Supreme Court clarifies which court hears unfair competition cases under the Intellectual Property Code, settling a jurisdictional question.

Retroactive Application of Procedural Rules Clarifying Timelines for Certiorari Petitions

Philippine Supreme Court clarifies retroactive application of procedural rules and timelines for certiorari petitions in administrative case against RTC judge.

Adverse Claims: Why the 30-Day Period Does Not Automatically Cancel the Annotation

The Supreme Court clarifies that an adverse claim does not automatically lapse after 30 days; cancellation still requires a court petition.

Procedural Compliance Prevails Dismissal Upheld for Forum Shopping and Improper Service

Supreme Court affirms dismissal of petition for procedural lapses—unsigned certification, improper service, and photocopied annexes—underscoring strict rule compliance.

Upholding Tenants Redemption Rights Darab Jurisdiction Over Agricultural Land Sales

A Supreme Court ruling on the finality of judgments clarifies when appeals in forcible entry cases must be filed and why late petitions cannot revive a case.

Tax Sale Trumps Mortgage Foreclosure When Property Title Shifts Due to Tax Delinquency

Supreme Court rules that a tax delinquency sale can render a mortgage foreclosure petition moot and academic when title has already transferred.

Certiorari vs Appeal: Choosing the Correct Remedy Against Government Decisions

The Supreme Court reminds litigants that certiorari cannot replace a lost appeal, and that the remedy against many agency decisions is a timely petition for review.

Retroactive Application of Procedural Rules Ensuring Timely Appeals in Philippine Courts

Philippine Supreme Court explains when procedural rules apply retroactively, allowing a late certiorari petition to proceed.

COMELEC Jurisdiction Over Plebiscite Disputes: The Buac v. COMELEC Ruling

The Supreme Court clarifies that the COMELEC has jurisdiction to resolve disputes over plebiscite results, including petitions to annul or recount ballots.

Failure of Election Petitions: COMELEC Discretion and the Evidentiary Bar

The Supreme Court clarifies when failure of election may be declared, and why mere allegations without evidence will not suffice.

Failure of Elections vs Election Protests: Defining COMELEC's Jurisdiction After Proclamation

The Supreme Court clarifies when a failure of election petition is proper and when the remedy should be an election protest after proclamation.

Finality Prevails: When a Judge's Inhibition Becomes Moot in Estate Cases

Once an estate case is finally decided, a petition to inhibit the judge becomes moot. Learn the rule from this Supreme Court ruling.

Psychological Incapacity in Annulment Cases: What to Allege in a Petition

Learn what a petition for annulment based on psychological incapacity must allege, and when forum shopping rules apply, from this Philippine Supreme Court case.

When a Final Conviction Can Be Corrected: Habeas Corpus and Illegal Penalties

A habeas corpus petition fails because a conviction was final, but the Court corrects an impossible penalty imposed by the trial court.

The Indispensable Hearing Safeguarding Rights in Bail Petitions

A Supreme Court ruling reminds trial courts that bail in capital offenses requires a full hearing, not just a motion.

Retroactivity of Remedial Laws: Clarifying the Period for Filing Certiorari Petitions

The Supreme Court clarifies when the 60-day period for filing certiorari petitions is counted, applying amended procedural rules retroactively.

Perjury Unmasked: False Statements in Naturalization Petitions Remain Actionable Despite Withdrawal

Withdrawing a naturalization petition does not erase perjury liability for false statements already made under oath, the Supreme Court ruled.

Substantial Compliance vs Strict Adherence: Certiorari Dismissal and Employer Liability in Illegal Dismissal

SC ruling on strict Rule 65 compliance for certiorari petitions, plus joint liability of corporate officers in illegal dismissal cases.