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Showing 1177–1200 of 1,403 articles for “appeal”

Appeal vs Certiorari in Philippine Courts: Why the Wrong Remedy Can Cost You Your Case

Philippine Supreme Court explains why appeal and certiorari are not interchangeable remedies, and how choosing wrong can be fatal.

Wage Differentials and Employee Waivers: Labor Rights in the Philippines

A Supreme Court ruling on wage differentials, employee waivers, and the strict rules on appeals in Philippine labor cases.

Verbal Contracts in the Philippines: Why Written Agreements Win in Court

Verbal contracts are valid in the Philippines but hard to prove. Learn from Romago v. Court of Appeals why written agreements prevail.

Limits of Certiorari in Appealing Police Misconduct Decisions in the Philippines

Philippine Supreme Court clarifies when certiorari may review police misconduct rulings, emphasizing factual findings and credibility assessments.

Reasonable Doubt and Eyewitness Credibility in Philippine Murder Appeals

The Supreme Court affirms a murder conviction based on positive eyewitness identification, explaining when alibi and alleged discrepancies fail.

When Can Testimony Be Disregarded? Analyzing Witness Credibility in Philippine Courts

The Supreme Court explains when witness testimony may be disregarded and why trial court findings on credibility are rarely disturbed on appeal.

Upholding Justice Over Technicality When Courts Must Excuse Procedural Lapses

The Supreme Court reminds appellate courts that dismissing appeals on mere technicalities, like a nine-day delay, can be grave abuse of discretion.

Treachery and Voluntary Surrender: Navigating Criminal Liability in the Philippines

The Supreme Court explains how treachery qualifies murder and voluntary surrender mitigates liability, using Rivera v. Court of Appeals.

Representation in Legal Disputes: Clarifying Counsel Rights for Local Government Officials

Learn when local government officials may hire private counsel and how service of notices affects appeals, based on a 2000 Supreme Court ruling.

Execution Pending Appeal: When Property Deterioration Justifies Immediate Enforcement

Philippine Supreme Court ruling on execution pending appeal, redemption rights, and when immediate enforcement is justified to prevent property deterioration.

Marriage Nullity Absence OF Marriage License Voids Union

A marriage celebrated without a license is void from the beginning, even if the issue is raised only on appeal.

Certification Against Forum Shopping: Why Corporate Officers Must Sign

A corporation's certification against forum shopping must be signed by an officer, not counsel. The Supreme Court explains why in Digital Microwave Corp. v. Court of Appeals.

Finality of Dismissal: Why a "Without Prejudice" Order Still Becomes Final After the Appeal Period

A dismissal without prejudice is still a final order. After 15 days without appeal, it becomes final and executory, barring revival by mere motion.

Interpleader Actions: Procedure, Jurisdiction, and the Proper Remedy for Dismissal

Philippine Supreme Court clarifies interpleader procedure, jurisdiction, and why dismissal orders must be appealed, not challenged via certiorari.

Positive Identification Prevails Over Alibi in Ambush Case: The Ditche Decision

In Ditche v. Court of Appeals, the Supreme Court affirmed that positive identification by credible eyewitnesses outweighs the weak defense of alibi.

Rescission of Fraudulent Conveyances: Protecting Creditors' Rights in Property Transfers

When a debtor transfers property to evade creditors, the law allows rescission. China Banking Corp. v. Court of Appeals explains the rules.

Balancing Justice and Procedure When Technical Rules Give Way

When a defective notice of hearing cost a man his appeal and his liberty, the Supreme Court showed when technical rules must yield to substantial justice.

Appeals From Ombudsman Decisions: Understanding Jurisdictional Boundaries

Learn how the Supreme Court clarifies jurisdictional boundaries in appeals from Ombudsman decisions and related ill-gotten wealth cases.

State Immunity vs Personal Liability: Defining the Limits of Official Authority

The Supreme Court clarifies when public officials can be sued personally despite state immunity, using the Lansang v. Court of Appeals case.

Invalid Substituted Service Protecting Due Process AND Jurisdictional Rights

A void summons means no jurisdiction—what Spouses Miranda v. Court of Appeals teaches about substituted service and due process.

Liberal Construction of Rules: Substantial Compliance in Appealing Civil Service Decisions

The Supreme Court rules that failure to attach certified true copies of all annexes in a Rule 43 appeal is not fatal, applying substantial compliance.

Title Reconstitution AND Jurisdictional Requirements Heirs OF Ragua VS Court OF Appeals

Overtaking at a Curve and Common Carrier Liability: Mallari v. Court of Appeals

A jeepney driver's reckless overtaking at a curve makes both driver and owner liable for a passenger's death.

Execution Pending Appeal: Financial Distress Alone Is Not a Good Reason

The Supreme Court clarifies that a corporation's financial distress is not, by itself, a "good reason" for execution pending appeal.