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Showing 73–96 of 136 articles for “pleading”

Writ of Possession in Extrajudicial Foreclosure: No Certification Against Forum Shopping Required

Learn why the Supreme Court ruled that an ex parte petition for a writ of possession is not an initiatory pleading, so no certification against forum shopping is needed.

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.

Supreme Court Clarifies Plaintiff's Duty to Set Case for Pre-Trial After Answer

The Supreme Court affirms dismissal of a case for failure to prosecute, clarifying that plaintiffs must promptly set cases for pre-trial after the last pleading is filed.

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.

Fraudulent Assurances in Easement Contracts: Upholding Freedom From Misrepresentation

Philippine Supreme Court ruling on pleading fraud with particularity in easement contracts and the requirements for a valid cause of action.

Title Disputes Proving Land Ownership IN Accion Publiciana Cases

Learn how co-owners can pursue accion publiciana without impleading all co-owners, and why non-joinder is not a ground for dismissal.

Mispleading Relationship in Rape Cases: Impact on Qualifying Circumstances

When an information misstates the offender's relationship to the victim, a qualifying circumstance fails, reducing rape to its simple form.

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.

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.

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.

Improperly Impleading Agencies: BSP Exemption in Administrative Appeals

The Supreme Court clarifies that agencies like the BSP and Monetary Board cannot be impleaded as respondents in Rule 43 appeals.

Failure of Elections vs Election Protest: Jurisdiction and Pleading Requirements

Supreme Court clarifies when election annulment petitions fall under COMELEC En Banc jurisdiction and why fraud allegations need an election protest.

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.

Due Process and Preliminary Investigations: Balancing Rights in Philippine Law

Learn how the Supreme Court protects due process rights in Philippine litigation, including the duty to serve pleadings on counsel of record.

Judicial Admissions: How a Party's Own Words Can Decide the Case

When parties admit facts in pleadings or testimony, courts may treat those admissions as conclusive. This article explains the rule.

The Signature Imperative: Why Unsigned Pleadings Fail in Philippine Courts

Philippine courts require pleadings signed by counsel or party. Learn why an answer signed by an unauthorized person is void and triggers default.

Judicial Admissions in Philippine Courts: How Your Statements Can Decide Your Case

Learn how judicial admissions work in Philippine courts and why your statements in pleadings can bind you and decide your case.