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Showing 1057–1080 of 3,358 articles for “ces”

Upholding Due Process: Strict Requirements for Substituted Service of Summons in the Philippines

Learn the strict rules for substituted service of summons in Philippine civil cases, based on the Supreme Court's ruling in Chu v. Mach Asia Trading Corporation.

Contempt of Court: Why Due Process Matters in Indirect Contempt Proceedings

A judge was fined for summarily holding a litigant in contempt without the required charge and hearing under Rule 71.

Contempt of Court: Safeguarding Due Process in Indirect Contempt Proceedings

The Supreme Court fined a judge P10,000 for ordering a litigant jailed for indirect contempt without a written charge, an opportunity to comment, or a hearing.

Upholding Client Trust: Attorney's Neglect and Misrepresentation Lead to Suspension

A lawyer who misleads clients about case status violates the Code of Professional Responsibility and faces suspension, as shown in this Supreme Court ruling.

Judgment in Absentia: Balancing Due Process and Timely Justice in Philippine Law

The Supreme Court clarifies when judgment in absentia is valid, the limits of appeal, and how courts correct illegal penalties despite finality.

Proof Beyond Reasonable Doubt: The Necessity of an Unbroken Chain of Custody in Drug Cases

The Supreme Court acquits a drug suspect because the prosecution failed to prove an unbroken chain of custody, underscoring the strict evidentiary standard.

Balancing Due Process and Anti-Money Laundering: Freeze Orders and Property Rights

Supreme Court rules indefinite freeze orders violate due process; six-month extension limit applies under the Rule in Civil Forfeiture Cases.

Annulment of Judgment: Extrinsic Fraud and Due Process in Property Disputes

When a property owner loses title without notice, annulment of judgment may lie. The Supreme Court clarifies extrinsic fraud and due process rules.

Annulment of Judgment Protects Due Process in Property Disputes

Supreme Court clarifies that failure to state "extrinsic fraud" verbatim does not doom a petition for annulment of judgment.

Anonymous Complaints Against Judges: Evidence Rules and Due Process in Administrative Cases

The Supreme Court clarifies when anonymous complaints against judges may prosper and how due process protects judges in administrative proceedings.

Dual Office Holding: Constitutional Limits on Executive Appointments

Supreme Court rules Cabinet members cannot hold concurrent offices, even temporarily, under Section 13, Article VII of the Constitution.

Due Process vs Valid Dismissal: Balancing Employee Rights and Employer Authority in Termination Cases

The Supreme Court clarifies the requisites for valid retrenchment, distinguishing authorized causes from procedural due process in termination cases.

Due Process in Termination: Balancing Employer Rights and Employee Protection

Philippine Supreme Court ruling on due process in employee termination, balancing employer rights with constitutional protection of workers.

Creditable Government Service: When Consultancy Work Counts for Justice Retirement Benefits

Supreme Court ruling on crediting consultancy work as government service for retirement benefits of justices under RA 9946.

Perfecting Repurchase Agreements: The Necessity of Unqualified Acceptance in Real Estate Transactions

A Supreme Court ruling explains why a qualified acceptance of a repurchase offer is merely a counter-offer, not a perfected contract.

Second Chances: Reinstating Disbarred Attorneys Through Judicial Clemency in the Philippines

Explore how the Supreme Court reinstated a disbarred lawyer through judicial clemency, and the guidelines for seeking a second chance.

Admonishing Delay in Executing Final Judgments: A Lesson for Judges

Sandiganbayan justices admonished for delaying execution of a final conviction, highlighting the ministerial duty to implement judgments promptly.

Disqualification of Candidates: COMELEC’s Authority and Due Process Rights

The Supreme Court nullified COMELEC’s disqualification of a candidate, ruling the en banc acted without jurisdiction and violated due process.

Parental Incest and Rape Law in the Philippines: The Buado Case

How Philippine courts handle incestuous rape by a parent, the proof of minority required, and the effect of the death penalty abolition.

Dereliction OF Duty Upholding Efficiency IN Court Processes

Safeguarding Due Process: Annulment of Judgment for Excess Interest Rates

A default judgment granting 5% monthly interest when only 12% per annum was prayed for violates due process and may be annulled.

Reconstitution of Lost Title: Supreme Court Clarifies Proof Requirements Under RA 26

Supreme Court clarifies when a lost owner's duplicate title can be reconstituted, and what evidence suffices under Republic Act No. 26.

Vehicular Manslaughter and the Limits of Self-Defense: Analyzing Criminal Intent in Complex Crimes

A Supreme Court ruling clarifies how courts weigh criminal intent, self-defense claims, and qualifying circumstances in complex crimes.

Judicial Efficiency: The Consequences of Delay in Rendering Decisions

When an appeal is dismissed for a late brief, is that the end? The Supreme Court weighs strict procedural rules against substantive justice in CMTC v. Bhagis.