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Showing 49–72 of 136 articles for “pleading”

Amending Pleadings Balancing Justice AND Procedural Rules IN Philippine Courts

The Supreme Court rules on when courts may allow amendments to pleadings, balancing procedural rules against the interests of justice.

Breach of Contract in Letter of Credit Transactions: Proving Liability in Court

Philippine Supreme Court ruling on what a bank must prove to establish liability in letter of credit transactions, and why pleadings matter.

Forcible Entry Appeals: Why Attaching the Right Pleadings Matters

Learn why the Supreme Court upheld dismissal of a forcible entry appeal for missing pleadings under Rule 42.

Strict Rule 42 Compliance Required: The Magsino Case on Petition for Review Dismissals

Philippine Supreme Court affirms dismissal of petition for review for failure to attach required pleadings under Rule 42, clarifying rules on appeal.

Lawyer Suspended for Court Disrespect and MCLE Non-Compliance

Supreme Court fines lawyer for disrespecting court orders and using intemperate language in pleadings, reminding lawyers of their duty to uphold judicial authority.

Attorney Fined for Disrespect and Non-Compliance with Court Orders

Supreme Court fines lawyer P5,000 for disobeying court orders and using intemperate language in pleadings, reminding attorneys of their duty to respect judicial authority.

Secretary's Certificate as Proof of Corporate Authority in Philippine Litigation

Philippine Supreme Court clarifies when a secretary's certificate suffices to prove corporate authority to file pleadings, and the duties of plaintiffs in pre-trial.

Upholding Attorney Accountability: Negligence and Breach of Professional Duty

A lawyer's failure to attend hearings, file pleadings, and inform clients breaches the Code of Professional Responsibility and warrants suspension.

Balancing Technical Rules and Justice When the Court of Appeals Must Review Cases on Merit

The Supreme Court clarifies that failure to attach all pleadings to a Rule 42 petition should not automatically result in outright dismissal.

Lawyers Must Personally Sign Pleadings: Ethics Rules on Delegating Legal Work

A lawyer who lets a secretary sign pleadings violates legal ethics. The Supreme Court explains why delegation to non-lawyers is prohibited.

Default Orders and Procedural Compliance: The Limits of Technical Objections

Understand when a technical defect in service of pleadings can—and cannot—justify setting aside a default order in Philippine civil procedure.

Prohibited Pleadings in Intra-Corporate Disputes: Dismissal Motions and Board Resolutions

Philippine Supreme Court clarifies that motions to dismiss are prohibited pleadings in intra-corporate disputes, even when backed by board resolutions.

Bad Faith in Unregistered Land Sales and Trust Disputes: Belle Corp. v. De Leon-Banks

When can a buyer of unregistered land be sued for bad faith? The Supreme Court clarifies pleading rules in trust and property disputes.

Admissions in Pleadings: How Statements in Answers Can Determine Court Judgments

A Supreme Court ruling explains how admissions in answers can justify summary judgment and shape the final amount awarded.

When Can a Clerk of Court Refuse a Pleading? Ministerial Duty vs. Discretion

Philippine Supreme Court clarifies that clerks of court have a ministerial duty to receive pleadings; only judges may judge their sufficiency.

Safeguarding Due Process: The Right to Be Heard in Contempt Cases

A Supreme Court ruling clarifies that indirect contempt proceedings require a full hearing and the opportunity to be heard, not just written pleadings.

Why Impleading All Parties Is Crucial in Reconveyance Cases

Learn why failing to implead all indispensable parties in a reconveyance case can derail your property claim.

Finality of Judgment in Philippine Courts: Why a Second Motion for Reconsideration Is a Losing Move

A Supreme Court ruling explains why second motions for reconsideration are prohibited pleadings and cannot delay finality of judgment.

Forum Shopping and Substitute Pleadings: Dismissal Without Prejudice in Philippine Courts

Understand when refiling a case after dismissal is allowed and when a substitute complaint supersedes the original.

Moral Conduct in Public Service: Upholding Ethical Standards in the Judiciary

Supreme Court affirms dismissal of libel complaint against prosecutor who questioned a judge's moral fitness in official pleadings.

Attorney Ethics: When Filing Pleadings for Deceased Clients Is Not Dishonesty

The Supreme Court clarifies when a lawyer's act of filing pleadings for deceased clients amounts to dishonesty, and when it does not.

Reopening Illegally Dismissed Workers' Claims: Substantial Justice Over Technicalities

SC ruling clarifies that technical defects in labor pleadings, like unsigned verifications, should not defeat workers' preferred right to security of tenure.

Summary Judgment and Pleadings: What Lazaro v. Brewmaster Teaches About Cause of Action

Understand how the Supreme Court in Lazaro v. Brewmaster clarified summary judgment, pleadings, and cause of action under Philippine procedure.

Contract of Legal Services: When a Mayor's Authority Binds a Municipality

Supreme Court ruling on when a municipal mayor's contract binds the LGU, limits of Sangguniang Bayan authorization, and judgment on the pleadings.