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Showing 313–336 of 342 articles for “motion”

Is Your Promotion a Demotion? Understanding Constructive Dismissal in the Philippines

When does a promotion become a constructive dismissal? The Supreme Court clarifies the rules on involuntary resignation and demotion.

Missed Deadlines Dismissed Justice Understanding Motions FOR Reconsideration IN Philippine Labor Cases

Philippine Supreme Court ruling on NLRC rules: supplemental motions for reconsideration filed beyond 10 days are barred.

Supreme Court Reconsiderations: Minute Resolutions and Finality of Judgments in the Philippines

Learn how the Supreme Court treats minute resolutions, second motions for reconsideration, and finality of judgments in Philippine civil procedure.

Wage Distortion In The Philippines Understanding Collective Bargaining And Legal Remedies

Philippine Supreme Court clarifies wage distortion, collective bargaining rights, and legal remedies for employees facing demotion or illegal dismissal.

Fatal Procedural Error: How a Missing Notice of Hearing Can Doom Your Motion for Reconsideration in the Philip

Learn how a missing notice of hearing can doom a motion for reconsideration in the Philippines, based on a Supreme Court ruling on procedural rules.

Can Promotional Salary Increases Offset Statutory Wage Hikes? PAL Ruling

Philippine Airlines v. NLRC: statutory wage increases under RA 6640 cannot be offset by promotional salary increases. Learn the rule.

Premature Writ of Demolition: Due Process and the Sheriff's Duty in Philippine Execution

When can a sheriff implement a writ of demolition, and what happens when a motion for reconsideration is pending? The Supreme Court's ruling in A.M. No. P-98-1268 offers guidance.

Fatal Deadline: Why Missing the NLRC Motion for Reconsideration Period Can Doom Your Labor Case

Missing the 10-day NLRC motion for reconsideration period makes a labor decision final and executory, barring all further remedies.

Motion to Quash Denied: Navigating Criminal Procedure and Your Rights in the Philippines

Learn when a motion to quash can be denied, the limits of certiorari, and your rights in Philippine criminal procedure.

Immediate Execution in Ejectment Cases: Why Delaying Tactics Won't Work

Learn how the Supreme Court enforces immediate execution in ejectment cases and why delaying tactics like motions for reconsideration won't stop a writ.

Motion for Reconsideration in NLRC Cases: A Jurisdictional Requirement, Not a Mere Technicality

Filing a Motion for Reconsideration with the NLRC is mandatory before seeking certiorari. Missing this step can be fatal to an otherwise meritorious case.

Motion to Dismiss Denied: Courts Must First Examine the Merits, Not Just Allegations, in Philippine Property D

Philippine Supreme Court clarifies that a motion to dismiss for lack of cause of action requires courts to examine the merits of a property dispute, not just the allegations.

Judicial Delay: When Inaction Becomes Neglect of Duty

A Supreme Court ruling clarifies when a judge's prolonged inaction on pending motions constitutes neglect of duty, even after case transfer.

When Can a Judge Recall a Warrant of Arrest: Understanding Abuse of Discretion

A Supreme Court ruling explains the three-day notice rule for motions and when a judge commits abuse of discretion in recalling warrants.

Demurrer to Evidence: When Filing It Means Waiving Your Right to Present a Defense

Filing a motion to dismiss after the plaintiff rests can waive your right to present evidence. Learn the rule from a Philippine election case.

The Perils of Sin Perjuicio Judgments: Ensuring Timely and Complete Justice in the Philippines

Philippine courts must independently assess prosecutorial motions to withdraw information, balancing judicial discretion with the Secretary of Justice's review powers.

Untimely Appeal and NLRC Discretion: Jurisdictional Requirements in Labor Disputes

Philippine National Construction Corporation vs. NLRC: motion for reconsideration is mandatory before certiorari, and separation benefits are construed in favor of workers.

Motion for Reconsideration Deadlines in Labor Cases: The CEU Lesson

Learn how a missed Motion for Reconsideration deadline made a labor decision final and executory in Centro Escolar University v. NLRC.

When Can a Motion for Extension Be Denied? A Philippine Law Analysis

Philippine Supreme Court ruling on when courts may deny motions for extension and the proper requirements for certifications against forum shopping.

Final Judgments Are Immutable: Goking v. Villaraza on Execution Limits

A final judgment cannot be altered through a motion for execution. Goking v. Villaraza explains the limits of post-judgment remedies.

Motion for Reconsideration: Why a Notice of Hearing Is Crucial in Philippine Courts

A motion for reconsideration without a notice of hearing is pro forma and will not stop the appeal period. Learn the rule and the De la Peña case.

Judicial Recusal: Understanding Bias and Impartiality in Philippine Courts

The Supreme Court clarifies when judges must inhibit and why late motions to disqualify are frowned upon.

Understanding Forum Shopping in the Philippines: Avoiding Dismissal of Your Case

Learn how the Supreme Court defines forum shopping in the Philippines and why failure to file a motion for reconsideration can doom your case.

Motion to Dismiss Denials: Interlocutory Orders and Certiorari in Philippine Courts

Learn when a denied motion to dismiss can be challenged by certiorari, and why timing and interlocutory rules matter in Philippine civil procedure.