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Showing 25–48 of 86 articles for “motion for reconsideration”

Due Process Prevails: How Motions for Reconsideration Can Cure Procedural Lapses in Writ of Possession Cases

Supreme Court clarifies that a motion for reconsideration can cure a trial court's procedural lapse in granting a writ of possession without prior hearing.

Arraignment Delay Denied: Why Speedy Trial Rights Trump Second Motions for Reconsideration

Philippine Supreme Court clarifies when a second motion for reconsideration may be denied to protect the accused's right to speedy trial.

Procedural Lapses and Contempt: Navigating Court Rules in Contract Disputes

A Supreme Court ruling on procedural rules in contract disputes: motion for reconsideration, hierarchy of courts, and indirect contempt.

Motion for Reconsideration: A Necessary Step Before Filing Certiorari

Learn why Philippine courts require a motion for reconsideration before a Rule 65 certiorari petition, as shown in this Supreme Court ruling.

Finality of Judgments in Forcible Entry: Why Prohibited Motions Do Not Stop the Clock

A motion for reconsideration is prohibited in summary procedure cases and does not stop the appeal period. Learn the rules and the doctrine of immutability of judgments.

Fresh Period Rule: The Right to Appeal After a Motion for Reconsideration

Learn how the Fresh Period Rule in Neypes v. CA gives litigants 15 days from denial of a motion for reconsideration to appeal.

Execution Pending Appeal Barred by Unresolved Motion for Reconsideration

Philippine Supreme Court rules that a pending motion for reconsideration prevents discretionary execution of a trial court judgment.

Execution Pending Appeal and the Motion for Reconsideration Rule

Philippine Supreme Court clarifies when discretionary execution may issue and why a pending motion for reconsideration bars it.

When a Motion for Reconsideration Is Not Required: Certification Election Ruling

Supreme Court clarifies when the motion for reconsideration rule yields to DOLE rules, and how res judicata applies to certification election petitions.

Motion for Reconsideration as a Prerequisite to Supreme Court Review in Election Cases

The Supreme Court rules that a COMELEC Division resolution must first be elevated to the Commission en banc before it can be questioned before the High Court.

Certiorari Denied: Why Skipping a Motion for Reconsideration Kills Your Appeal

Skipping a motion for reconsideration before filing a Rule 65 certiorari petition can be fatal. Learn the rules from a 2008 Supreme Court case.

Perfecting Appeals: Strict Adherence to Procedural Rules in Filing Extensions

A second motion for reconsideration is a prohibited pleading that does not toll the appeal period. Learn the rules on perfecting appeals.

Finality of Judgments: Understanding Motions for Reconsideration in Philippine Labor Law

The Supreme Court clarifies when a second motion for reconsideration may be allowed, emphasizing finality of judgments and notice to counsel rules.

Fresh Period Rule and Appeal Deadlines After a Motion for Reconsideration

Explaining the fresh period rule for appeals, its retroactive effect, and why the wrong remedy still fails in Makati Insurance v. Reyes.

Finality of Just Compensation: When Second Chances in Land Reform Are Overruled

The Supreme Court denies a second motion for reconsideration on land reform compensation, underscoring the finality of judgments and the limits of procedural remedies.

Motion for Reconsideration: The Indispensable Step Before Certiorari in Labor Cases

Learn why exhausting remedies like a motion for reconsideration is vital before filing a certiorari petition in Philippine labor disputes.

Motion for Reconsideration: An Essential Step Before Certiorari

Learn why the Supreme Court requires a motion for reconsideration before filing a petition for certiorari, and the exceptions to this rule.

Election Protests and the Five-Day Rule: Why Timely Appeals Matter in Barangay Election Cases

A Supreme Court ruling shows why a late motion for reconsideration in a barangay election protest can be fatal, even when the merits seem strong.

Untimely Appeal: The Finality of COMELEC Decisions and the Importance of Timely Filing

The Supreme Court affirms that a motion for reconsideration filed beyond the five-day period before the COMELEC is dismissible, underscoring the strict observance of procedural deadlines in election c

Hierarchy of Courts and Exhaustion of Remedies: The Indispensable Steps Before Seeking Certiorari

Learn why a motion for reconsideration and the hierarchy of courts rule are mandatory before filing a Rule 65 certiorari petition.

Dismissal of Appeal: The High Cost of Missed Deadlines in Philippine Courts

Audi AG's certiorari petition dismissed for skipping motion for reconsideration and ignoring hierarchy of courts. A lesson in procedural rules.

Finality of Judgments: Untimely Motion for Reconsideration in Administrative Cases

An untimely motion for reconsideration makes a Court of Appeals decision final and executory, binding all parties in administrative cases.

Finality of Judgments: Why a Belated Appeal Cannot Revive a Case

The Supreme Court explains why a late motion for reconsideration makes a Court of Appeals decision final and executory, binding all parties.

Motion for Reconsideration: Your Non-Negotiable First Step in Appealing NLRC Decisions

Before filing a certiorari petition against an NLRC ruling, a motion for reconsideration is mandatory. Learn the rule, exceptions, and consequences.