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Showing 121–144 of 342 articles for “motion”

Speedy Trial vs Demurrer to Evidence: Protecting the Accused's Rights in the Philippines

Philippine Supreme Court clarifies the distinction between a motion to dismiss for speedy trial violation and a demurrer to evidence, protecting accused rights.

Fresh Period Rule: The Right to Appeal After a Motion for Reconsideration

Learn how the Fresh Period Rule in Neypes v. CA gives litigants 15 days from denial of a motion for reconsideration to appeal.

Finality of Judgment: Disbarred Lawyer’s Bid to Reverse Disbarment Fails

The Supreme Court denies a disbarred lawyer's motion to reverse his disbarment, citing the doctrine of finality of judgment and citing him for indirect contempt.

Voluntary Appearance and Motion to Dismiss: When Filing Confers Jurisdiction in Philippine Courts

Philippine Supreme Court ruling on when filing a motion to dismiss without raising lack of jurisdiction constitutes voluntary appearance.

Diligence Required Enforcing Final Judgments AND Avoiding Laches IN Philippine LAW

A 13-year delay in enforcing a final judgment bars execution by motion and constitutes laches. Learn the rules and deadlines.

Balancing Justice AND Procedure When Timeliness Gives WAY TO Equitable Outcomes

When a one-day delay in filing a motion could have cost a complainant his civil claim, the Supreme Court showed when equity may prevail over strict procedural rules.

Oath of Office Defines Authority: Upholding Appointments Before Succession in Public Office

When does an outgoing official lose appointing power? The Supreme Court rules on oath, succession, and valid promotions.

Quashal vs Provisional Dismissal: Understanding the Nuances of Criminal Procedure in the Philippines

The Supreme Court clarifies the key differences between a motion to quash and provisional dismissal under Rule 117, and why the time-bar rule does not apply to quashal orders.

Execution Pending Appeal and the Motion for Reconsideration Rule

Philippine Supreme Court clarifies when discretionary execution may issue and why a pending motion for reconsideration bars it.

Execution Pending Appeal Barred by Unresolved Motion for Reconsideration

Philippine Supreme Court rules that a pending motion for reconsideration prevents discretionary execution of a trial court judgment.

Judicial Efficiency Sanctions FOR Undue Delay IN Resolving Motions

When Courts Can Deny a Prosecutor's Motion to Withdraw Information

Learn when Philippine courts may deny a prosecutor's motion to withdraw a criminal information and why certiorari is barred in summary procedure cases.

When a Motion for Reconsideration Is Not Required: Certification Election Ruling

Supreme Court clarifies when the motion for reconsideration rule yields to DOLE rules, and how res judicata applies to certification election petitions.

Motion for Reconsideration as a Prerequisite to Supreme Court Review in Election Cases

The Supreme Court rules that a COMELEC Division resolution must first be elevated to the Commission en banc before it can be questioned before the High Court.

Strict Adherence to Appeal Deadlines: A Guide to Filing Extensions

Learn how Philippine courts treat motions for extension of appeal deadlines, and why strict compliance with Rule 42 matters.

Certiorari Denied: Why Skipping a Motion for Reconsideration Kills Your Appeal

Skipping a motion for reconsideration before filing a Rule 65 certiorari petition can be fatal. Learn the rules from a 2008 Supreme Court case.

Due Process Prevails: Demotion Without Notice Violates Employee Rights in the Philippines

Philippine Supreme Court rules on due process in employee discipline, examining demotion without notice and seafarer abandonment cases.

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.

Motion Denied: Why a Defective Notice Dooms an Appeal in Philippine Courts

Learn how defective verification, missing proof of authority, and improper counsel representation can derail appeals in Philippine courts.

Finality of Judgments: Understanding Motions for Reconsideration in Philippine Labor Law

The Supreme Court clarifies when a second motion for reconsideration may be allowed, emphasizing finality of judgments and notice to counsel rules.

Certiorari Not the Remedy to Appeal Disqualification Rulings After Final Judgment

Philippine Supreme Court clarifies that certiorari cannot replace appeal in challenging a judge's denial of a motion for inhibition after final judgment.

Fresh Period Rule and Appeal Deadlines After a Motion for Reconsideration

Explaining the fresh period rule for appeals, its retroactive effect, and why the wrong remedy still fails in Makati Insurance v. Reyes.

Beyond the Ticket: Passenger Rights and Emotional Distress Claims Against Airlines

Philippine Airlines v. Savillo clarifies when emotional distress claims against airlines fall outside the Warsaw Convention's two-year prescriptive period.

Motion Denied: Strict Enforcement of Notice Requirements in Lifting Property Levies

Philippine Supreme Court ruling on quieting title, property levies, and the strict enforcement of redemption periods after execution sales.