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Showing 25–44 of 44 articles for “rule 65”

Certiorari Without Motion for Reconsideration: Exceptions Under Rule 65

Learn when Philippine courts allow a direct petition for certiorari without a prior motion for reconsideration, based on the PAL-PESALA case.

Dismissed on Technicality: Why Proper Procedure Is Key in Philippine Certiorari Cases

A behest-loan case dismissed as moot shows why choosing the right remedy—Rule 65, not Rule 45—matters in Philippine procedure.

Appeal or Certiorari: Choosing the Right Legal Remedy in Philippine Courts

Learn when to file an appeal under Rule 45 versus certiorari under Rule 65, and why choosing the wrong remedy can cost a case.

Certiorari Filing Deadlines: Why the 60-Day Rule Is Strict in Philippine Courts

Philippine courts strictly enforce the 60-day certiorari filing period under Rule 65. Learn why late petitions fail and how to avoid common pitfalls.

Substantial Compliance When Imperfect Filings Uphold Justice in Philippine Courts

Philippine Supreme Court clarifies when imperfect Rule 65 petitions may proceed despite technical defects, prioritizing substantive justice.

Untimely Appeal The Strict Timeline For Filing A Petition For Certiorari

A deep dive into the Supreme Court's ruling on the strict 15-day timeline for filing a petition for certiorari under Rule 65, and why missing it is fatal.

Retroactive Application of Procedural Rules Ensuring Fairness in Certiorari Filings

Philippine Supreme Court ruling on retroactive application of curative procedural rules for certiorari filings under Rule 65.

Preliminary Injunctions in Philippine Litigation: Interlocutory Orders and Rule 65 Remedies

Explaining when preliminary injunction orders can be challenged via Rule 65 certiorari, and why such orders need not follow the full form of final decisions.

Substantial Compliance with Procedural Rules: Certified Xerox Copies in Philippine Law

Supreme Court ruling on certified xerox copies as substantial compliance with Rule 65 requirements for petitions for certiorari.

Retroactivity of Procedural Rules Safeguarding Timely Appeals in Labor Disputes

How a procedural rule change saved a dismissed worker's appeal: the Supreme Court on retroactivity of Rule 65 amendments.

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.

Procedural Rigor vs Substantial Justice: Upholding the Rules of Certiorari

The Supreme Court reminds litigants that procedural rules, including Rule 65 requirements, cannot be ignored even in cases with substantial merit.

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.

Missed Deadlines Dismissed Cases Understanding The Importance OF Timely Filing IN Philippine Courts

A Supreme Court ruling on the 60-day Rule 65 certiorari period shows why missed deadlines can end a case.

Dismissal for Procedural Lapse: The Importance of Stating Material Dates in Certiorari Petitions

Learn why failing to state material dates in a Rule 65 certiorari petition can lead to outright dismissal, as shown in Lapid v. Laurea.

Substantial Compliance Prevails: Due Process Over Procedural Lapses in Certiorari Petitions

SC rules substantial compliance with Rule 65 requirements can outweigh technical defects, protecting due process in certiorari cases.

Certiorari Deadlines and the 60-Day Rule: Lessons from Pahimutang v. Court of Appeals

Understand the 60-day certiorari filing rule, proper remedies under Rule 45 vs. Rule 65, and finality of judgments in Philippine courts.

Reviving Legal Claims: The Supreme Court's Curative Approach to Certiorari Filing Periods

A 2000 ruling explains how curative amendments to Rule 65 restored a fresh 60-day period for filing certiorari after a motion for reconsideration is denied.

Certiorari vs Appeal: The Proper Way to Challenge NLRC Decisions in the Philippines

Learn the correct remedy for questioning NLRC decisions—certiorari under Rule 65, filed with the Court of Appeals, not a direct appeal.

Understanding Timeliness in Filing a Petition for Certiorari in the Philippines

Learn the reasonable period rule for filing certiorari petitions under Rule 65, as explained in Philgreen Trading v. Court of Appeals.