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Showing 1249–1272 of 1,728 articles for “pea”

Employer-Employee Relationship and Illegal Dismissal: The Control Test in Philippine Labor Law

Philippine Supreme Court clarifies the control test for employer-employee relationship and rules on illegal dismissal due to disease in Sy v. Court of Appeals.

Upholding Notarial Duties: Consequences for Improper Document Acknowledgment

A notary public who acknowledges a document without the signatories appearing before him violates the law on notarial acknowledgment and faces suspension.

Challenging Local Tax Ordinances: The 30-Day Appeal Rule Under Section 187

Taxpayers must appeal to the Secretary of Justice within 30 days of a local tax ordinance's effectivity or lose the right to challenge it in court.

Lawyer's Neglect of Appeal Brief Leads to Six-Month Suspension

When a lawyer obtains extensions to file an appeal brief but fails to submit it, the client suffers—and the lawyer faces discipline.

Limits on Complainants' Right to Appeal Dismissal: People v. Velez

Philippine Supreme Court ruling on administrative liability of judges who delay decisions and commit gross ignorance of law.

Choosing the Right Path: Appealing Agrarian Disputes in the Philippines

Learn the correct mode of appeal for DAR decisions in agrarian disputes, as clarified by the Supreme Court in Sebastian v. Morales.

Execution Pending Appeal: Why Only Appellate Courts May Judge a Dilatory Appeal

Philippine Nails and Wires v. Malayan Insurance clarifies that trial courts cannot declare an appeal dilatory to justify execution pending appeal; only appellate courts may.

The Perils of Premature Enforcement: Upholding Jurisdictional Boundaries in Contract Disputes

Philippine Supreme Court ruling clarifies when execution pending appeal is proper, who decides if an appeal is dilatory, and the limits of trial court authority.

Withdrawing a Criminal Appeal: When the Supreme Court May Allow It

The Supreme Court explains when a convicted person may withdraw an appeal, and why it granted withdrawal in a rape case despite the prosecution's opposition.

Dismissal of Appeal for Failure to File Memorandum: A Costly Omission

Why failing to file an appellant's memorandum under Rule 40, Section 7 can cost you your appeal—and your case.

Dismissal of Appeal for Late Brief: Strict Adherence to Procedural Rules in Philippine Courts

Philippine courts demand strict compliance with appeal deadlines. Learn from Bago v. People why a late appellant's brief can doom an appeal.

Mortgage Foreclosure After Full Payment Is Void: PNB v. Court of Appeals

A mortgage foreclosure is void if the loan it secures was already paid. Learn the rules from this Philippine Supreme Court case.

Reasonable Attorney's Fees in the Philippines: Striking a Balance Between Lawyer Compensation and Client Inter

In Cortes v. Court of Appeals, the Supreme Court reduced a lawyer's fees on quantum meruit, ruling that lawyering is a calling and not a money-making venture.

Judicial Accountability: Fines for Ignorance of Summary Procedure Rules

Court employees fined P4,000 each for gross ignorance of appeal fee rules under the 1997 Rules of Civil Procedure.

Administrative Complaints Against Judges Must Wait for Judicial Remedies to Be Exhausted

Philippine Supreme Court clarifies that administrative complaints against judges cannot substitute for available judicial remedies like appeal or certiorari.

Finality of Judgment: Court Warns Against Repeated Motions to Evade Execution

Supreme Court warns litigants against filing repeated motions to delay execution of final judgments, citing abuse of judicial processes.

Carnapping Conviction Affirmed: Penalties and Procedural Rules Under RA 6538

Learn how the Supreme Court clarified carnapping penalties and appeal rules in Mercado v. People, including key procedural takeaways.

Admission vs Confession: Why Weak Prosecution Evidence Led to Acquittal in Sanvicente

The Supreme Court explains the difference between an admission and a confession, and why double jeopardy barred the prosecution's appeal.

Carnapping Penalties: Special Laws vs Revised Penal Code Explained

Understand how carnapping penalties under RA 6538 differ from Revised Penal Code terms, and why the distinction matters in Philippine criminal appeals.

Hierarchy of Courts: Why Choosing the Right Court Matters in Philippine Law

Philippine Supreme Court explains why litigants must respect the hierarchy of courts when appealing trial court decisions.

Balancing Justice AND Procedure When Strict Rules Give WAY

When a counsel's negligence threatens a client's appeal, the Supreme Court shows when strict procedural rules yield to substantial justice.

When Actions Speak Louder: Understanding Self-Defense Claims in Philippine Homicide Cases

A look at how Philippine courts weigh self-defense claims in homicide cases, and what it takes to prove it.

Upholding Ejectment: The Finality of Judgments and Timeliness in Appeals

The Supreme Court affirms ejectment, stressing that a late motion for reconsideration fails to stop a judgment from becoming final and executory.

Relaxing Rules When Imperfecting an Appeal Serves Justice in the Philippines

Philippine courts may relax procedural rules on appeals when justice demands, but litigants must still prove their claims and avoid forum shopping.