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Showing 121–144 of 285 articles for “mandatory”

When a Court Cannot Freeze a Mortgage: Injunctions and Doubtful Rights in Ngo v. Allied Bank

In Ngo v. Allied Bank, the Supreme Court explains why a preliminary mandatory injunction needs a clear legal right — and why doubt defeats it.

Docket Fees Are Mandatory: GSIS Must Pay for Permissive Counterclaims

Philippine Supreme Court ruling: even government agencies like GSIS must pay docket fees for permissive counterclaims or lose jurisdiction over them.

Just Compensation in Agrarian Reform: Courts Must Follow DAR Valuation Formula

Philippine Supreme Court rules that courts must apply DAR's mandatory valuation formula under RA 6657 in determining just compensation for agrarian reform lands.

Administrative Due Process: Preliminary Investigation Before Formal Charge Is Mandatory

The Supreme Court voids GSIS administrative charges and suspensions issued without preliminary investigation, and orders back salaries for affected employees.

Navigating Government Procurement: The Imperative of Protest Compliance in Philippine Law

Philippine Supreme Court ruling on LRA v. Lanting Security clarifies mandatory protest rules under R.A. 9184 before courts can act.

Decoding Independent Contractors When Control Determines Employment Status in the Philippines

Philippine Supreme Court clarifies employer-employee relationship tests and the mandatory certificate of non-forum shopping in NLRC appeals.

Coalition Registration Deadlines Are Mandatory in Philippine Election Law

Supreme Court rules COMELEC deadlines for coalition registration are mandatory, not merely directory, in Liberal Party v. COMELEC.

Judicial Accountability: The Price of Delay in Rendering Decisions

A retired judge was fined P40,000 for failing to decide 139 cases within the mandatory 90-day period. This case explains the rules on judicial delay.

Seafarers Disability Claim Denied Strict Compliance With Reporting Rules

Philippine Supreme Court denies seafarer's disability claim for failing the mandatory three-day post-employment medical examination rule under the POEA contract.

Tax Amnesty and the Mandatory Recording of Investigations: CIR v. Ariete

The Supreme Court ruled that BIR's failure to record an investigation in the Official Registry Book allows taxpayers to avail of tax amnesty benefits.

Barangay Conciliation: The Key to Unlawful Detainer Cases in the Philippines

Learn why barangay conciliation is a mandatory prerequisite before filing unlawful detainer cases, based on a Supreme Court ruling.

Tenant's Right of Redemption: Written Notice Is Mandatory in Agrarian Reform Cases

Philippine Supreme Court rules written notice to tenant and DAR is mandatory before redemption period can run under agrarian reform law.

Mandatory Medical Reporting FOR Seafarers Forfeiture OF Benefits FOR NON Compliance

Banking Law: Directors Borrowing and the Necessity of Board Approval

Philippine Supreme Court ruling clarifies when bank directors and officers may borrow from their own bank and why board approval is mandatory.

Appeal Bond Requirements: Strict Compliance Is Key in Labor Disputes

Learn how the Supreme Court in McBurnie v. Ganzon upheld the mandatory appeal bond rule, ensuring workers get their just awards.

Publication Imperative Safeguarding Property Rights in Foreclosure Sales

Supreme Court rules strict publication of foreclosure sale notice is mandatory; failure invalidates sale and subsequent transfers.

Valid Publication in Extrajudicial Foreclosure: Reasserting Creditors' Rights

Philippine National Bank v. Maraya clarifies that publication of notice in extrajudicial foreclosure is mandatory, not excusable by the debtor's knowledge.

Striking a Balance When Justice Requires Flexibility in Procedural Rules

The Supreme Court explains when courts may relax mandatory procedural rules, using a bank's late pre-trial brief as the case in point.

When May a Court Excuse a Late Pre-Trial Brief? BPI v. Dando

The Supreme Court relaxed a mandatory procedural rule to let a bank pursue its collection suit, showing when courts may excuse a late pre-trial brief.

Judicial Discretion vs Mandatory Duty: Voluntary Inhibition of Judges in the Philippines

Explaining the difference between mandatory and voluntary inhibition of judges under Rule 137, and when a judge may step aside.

Indispensable Parties Nullifying Partition Suits Without Complete Joinder

A partition suit fails if all co-heirs are not impleaded. The Supreme Court explains why complete joinder is mandatory.

Certificate of Non-Forum Shopping: A Mandatory Requirement for Perfecting Labor Appeals

Learn why a missing Certificate of Non-Forum Shopping can doom a labor appeal and make a decision final and executory.

One-Day Late Appeal in Labor Cases: When Courts Excuse Procedural Lapses

Supreme Court rules a one-day late appeal in labor cases may be excused to serve justice, explaining the exception to the mandatory appeal period.

Sangguniang Bayan Concurrence in Municipal Appointments: A Mandatory Requirement

The Supreme Court ruled that municipal appointments require Sangguniang Bayan concurrence; without it, the appointment is invalid regardless of tenure.