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Showing 49–72 of 106 articles for “pleadings”

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.

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.

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.

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.

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.

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.

Ejectment Cases: When Courts May Admit Evidence Not in the Pleadings

Supreme Court clarifies when trial courts may admit evidence not raised in pleadings, and how prior titles prevail in ejectment disputes.

Substitution of Evidence: Balancing Justice and Procedural Rules in Contract Disputes

When a bank filed a collection suit with an altered surety agreement, the Supreme Court ruled on substituting evidence and amending pleadings.

In Ejectment, Courts Cannot Decide Issues Beyond the Pleadings

In Sioson v. Heirs of Avanceña, the Court rules ejectment courts cannot adjudicate claims over property not alleged in the complaint—only the disputed lot's possession is at issue.

Corporate Authority: When Can a President Bind a Corporation Without a Board Resolution

Philippine Supreme Court clarifies when a corporate president can sign pleadings and bind the company without a board resolution.

Upholding Corporate Stability When Courts Defer to Internal Disputes

How the Supreme Court resolved a family corporate dispute by deferring to amended pleadings, docket fee rules, and the limits of injunctions.

Limits TO A Lawyers Language Maintaining Respect IN Legal Pleadings

Corporate Authority and Tax Credits: Clarifying the Scope for Senior Citizen Discounts

Supreme Court clarifies corporate officer authority in signing pleadings and affirms tax credit entitlement for senior citizen discounts despite net loss.

Amendment of Pleadings, Family Home Protection, and the Perils of Procedural Shortcuts

A Supreme Court ruling on partition, indirect contempt procedure, and the automatic constitution of the family home under the Family Code.

Judicial Ethics Upholding Decorum in Legal Pleadings and the Limits of Administrative Liability

Court clarifies when a judge's intemperate language in pleadings warrants administrative sanction, and when charges lack substantial evidence.

Amendment of Pleadings: When Leave of Court Is Required

Learn when Philippine courts require leave of court for amended pleadings, based on the Supreme Court ruling in Maranan v. Manila Banking Corporation.

Unintentional Admission: How Words Can Win or Lose Your Ejectment Case in the Philippines

Learn how a party's own admission in pleadings can decide an ejectment case, and why every word in court filings matters.

Respectful Advocacy Limits on Attorney Language in Legal Filings

Philippine Supreme Court ruling on lawyer discipline for abusive language in pleadings, citing Canons 8 and 11 of the CPR.