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Showing 313–336 of 352 articles for “procedure”

Judicial Efficiency vs Unnecessary Delays: The Case of Farrales vs Camarista

A look at Farrales vs Camarista, where a judge was fined for gross inefficiency and ignorance of the law in delaying summary procedure cases.

Balancing Justice and Procedure When Technical Rules Give Way

When a defective notice of hearing cost a man his appeal and his liberty, the Supreme Court showed when technical rules must yield to substantial justice.

Summary Procedure and Motions for Reconsideration: Scope of Prohibited Pleadings Clarified

A judge may validly act on a motion for reconsideration of a dismissal order in summary procedure cases, as clarified by the Supreme Court.

Motion for Reconsideration Under Summary Procedure: The Lucas Doctrine

When can a litigant file a motion for reconsideration under summary procedure? The Supreme Court clarifies the exception for dismissal orders.

Eminent Domain: Necessity, Procedure, and the Writ of Possession in Philippine Law

The Supreme Court explains when the government may expropriate private land, the necessity requirement, and the rule on writs of possession.

When Judges Misapply Summary Procedure: Radomes v. Jakosalem and Judicial Accountability

A Supreme Court ruling on a judge's error in applying summary procedure to grave coercion, and the duty of judges to know the law.

Substitution of Plaintiff Denied: Why Counterclaims Matter in Philippine Civil Procedure

A look at Ang Kek Chen v. Judge Andrade and the rules on substitution of parties and counterclaims in Philippine civil procedure.

Philippine Appellate Procedure: Why Courts Can't Go Beyond What's Appealed

A judge's error in ejectment execution illustrates the limits of appellate jurisdiction and the duty of courts to stay within what is appealed.

Suing a Deceased Person in the Philippines: Estate Claims and Legal Personality Rules

Can you sue a deceased person's estate in the Philippines? Learn the legal personality rules and proper probate procedure for collecting debts from an estate.

Certiorari vs Appeal: When to Challenge Court Orders in the Philippines

Learn the difference between certiorari and appeal in Philippine procedure, and when each remedy applies to challenge court orders.

Hlurb Jurisdiction Prevails Ensuring THE Right Forum FOR Land Dispute Resolution IN THE Philippines

Learn how the Supreme Court clarified expropriation rules under the 1997 Rules of Civil Procedure, including writ of possession and just compensation requirements.

Due Process in Employee Dismissal: Why Fair Procedure Matters in Philippine Labor Law

Learn from Gonzales v. NLRC why both procedural and substantial due process are essential for a valid employee dismissal in the Philippines.

Ejectment Case Delays and Summary Procedure: A Lesson from the Supreme Court

The Supreme Court reminds judges that ejectment cases must be decided within 30 days under the Summary Procedure, or face administrative sanctions.

Voluntary Confessions in Philippine Law: Safeguarding the Rights of the Accused

Understanding the constitutional safeguards governing voluntary confessions in Philippine criminal procedure, and how courts protect the accused.

When Family Disputes Meet the Courtroom: Understanding Compulsory Compromise in the Philippines

A look at how Philippine courts handle family disputes, using the Alitagtag rape case to explain legal principles and procedures.

Bail Hearings Are Non-Waivable: Upholding Due Process in Philippine Criminal Procedure

The Supreme Court reaffirms that bail hearings in capital offenses are mandatory and cannot be waived, dismissing a judge who granted bail without one.

Preliminary Investigations: Why Judges Must Follow Procedure — Domingo v. Reyes

A judge who rewrites a criminal complaint during preliminary investigation violates Rule 112. The Supreme Court explains why procedure matters.

Philippine Supreme Court Upholds BLR Authority In Union Account Audits Ensuring Transparency AND Accountabilit

The Supreme Court affirms the Bureau of Labor Relations' jurisdiction over union account audits, clarifying appellate procedure under Philippine labor law.

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.

Grievance Before Strike: SC Upholds CBA Machinery in Labor Disputes

Philippine Supreme Court rules unions must exhaust CBA grievance and arbitration procedures before declaring a strike, citing San Miguel Corp. v. NLRC.

Due Process in Employee Dismissal: Why Fair Procedure Matters Under Philippine Law

Philippine Supreme Court ruling explains why employers must follow procedural due process in termination cases, not just have valid grounds.

Sheriffs Duty IN Writ Execution Upholding Procedure AND Preventing Abuse ASG LAW

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.

Speedy Justice Delayed: Understanding Summary Procedure in Philippine Courts

A judge's delay in acting on a summary procedure case leads to a severe reprimand, highlighting the importance of speedy justice.