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Showing 337–360 of 420 articles for “discretion”

Consolidation of Bribery and Plunder Cases: Court Discretion in the Sandiganbayan

Explaining why the Supreme Court upheld the Sandiganbayan's discretion to deny consolidation of an indirect bribery case with a plunder case.

Prosecutorial Discretion Defining THE Limits OF Judicial Review IN Estafa Cases

Writ of Possession Is a Ministerial Duty of Courts in Foreclosure Cases

In Chailease Finance v. Spouses Ma, the Supreme Court ruled that issuing a writ of possession after foreclosure is a ministerial duty, not a discretionary act.

Judicial Discretion vs Delay: Balancing Justice and Efficiency in Philippine Courts

Philippine Supreme Court clarifies when court delays warrant administrative liability, distinguishing error from bad faith in judicial discretion.

Judicial Discretion vs Mandatory Rules: Extending Search Warrant Validity

The Supreme Court clarifies when a judge's erroneous extension of a search warrant's validity is an administrative offense or a protected error of judgment.

Forum Non Conveniens and Philippine Courts: Discretion in International Disputes

Philippine courts may assume jurisdiction over international disputes when convenient, fair, and enforceable—explained through Bank of America v. Court of Appeals.

Balancing Ombudsman's Discretion With Due Process, Grave Abuse, and Probable Cause in PCGG Cases

The Supreme Court clarifies when the Ombudsman's dismissal of complaints constitutes grave abuse of discretion, using the Bataan nuclear plant case as a prime example.

Unraveling Behest Loans Discovery Rule AND Ombudsmans Discretion

Estate Administration Discretionary Power in Appointing Special Administrators

The Supreme Court clarifies that probate courts have sound discretion in appointing special administrators, and heirs have no absolute right to representation.

Certiorari Dismissed: Grave Abuse of Discretion and Hierarchy of Courts in IP Disputes

Supreme Court clarifies that certiorari cannot correct errors of judgment, and direct resort to the Court violates the hierarchy of courts.

Untangling Behest Loans, Prescription, and the Ombudsman's Discretion in PCGG v. Desierto

The Supreme Court clarifies when behest loan cases prescribe and limits the Ombudsman's dismissal power in PCGG v. Desierto.

Sheriffs Must Execute Writs Promptly: Limits on Discretion and Dialogue

When a writ of execution is placed in a sheriff's hands, the duty to enforce it is ministerial. Delays and unauthorized "dialogues" can result in administrative liability.

Balancing Corporate Discretion and Regulatory Oversight: The BCDA Compensation Case

The Supreme Court clarifies the limits of a government corporation's power to grant employee benefits beyond Central Bank standards.

Probationary Employment: Defining the Boundaries of Employer Discretion in the Philippines

Philippine Supreme Court clarifies probationary employment rules, six-month period computation, and abandonment of work in CALS Poultry v. Roco.

Public Bidding AND Administrative Discretion When Courts Defer TO Agency Expertise

Speedy Trial Rights and Judicial Discretion: Lessons from a Judge's Administrative Liability

A judge's motu proprio dismissal of a criminal case for delay was ruled grave abuse of discretion, clarifying speedy trial limits.

Missed Your Appeal Deadline Philippine Supreme Court ON Finality OF Judgments 2

Learn how the Supreme Court protected a litigant's right to document production in Santos v. PNB, clarifying trial court discretion and NBI examination requirements.

Forgery Claims and Document Production: The Right to Examine Evidence in Court

When can a court deny a motion to examine documents for forgery? The Supreme Court clarifies the limits of judicial discretion.

Execution Pending Appeal: Balancing Public Interest and Court Discretion in Insurance Claims

When can a winning party execute a judgment while the appeal is pending? The Supreme Court explains the "good reasons" standard in this insurance dispute.

Judicial Discretion in Determining Probable Cause for Arrest Warrants

Explaining the judge's exclusive duty to personally determine probable cause for arrest warrants and the limits of judicial discretion.

Judicial Duty vs Administrative Efficiency: Balancing Speedy Justice With Personal Circumstances

When may a judge suspend court hearings? The Supreme Court clarifies the limits of judicial discretion in administrative matters.

Judicial Overreach and the Boundaries of Preliminary Investigations in the Philippines

Sales v. Sandiganbayan clarifies that preliminary investigations are substantive rights, not mere formalities, and sets limits on prosecutorial discretion.

Ombudsman's Discretion and the Power to Prosecute in the Philippines

A Supreme Court ruling on reckless imprudence, malice, and criminal intent shows why intent, once proven, defeats a defense of accident.

Ombudsman's Discretion in Preliminary Investigations: Nava v. COA Explained

The Supreme Court affirms the Ombudsman's broad discretion in preliminary investigations, clarifying the proper remedy for aggrieved parties and the limits of judicial review.