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Showing 121–136 of 136 articles for “pleading”

THE Limits OF DUE Process When Pleading NOT Guilty Means Waiving Your Rights

Dismissal for Non-Compliance: When Missing Documents Doom Your Appeal

Missing pleadings in a Rule 42 petition can get your appeal dismissed. Learn the mandatory attachment rules from Atillo v. Bombay.

Pleading Pitfalls: How Incorrect Wording in Rape Informations Can Impact Penalties in the Philippines

Learn how defective wording in rape informations can affect penalties, based on Philippine Supreme Court rulings on criminal procedure.

When a Sheriff Witnesses a Settlement: A Lesson in Judicial Conduct

A sheriff who witnessed a settlement and served pleadings faced suspension. Learn the ethical rules for court personnel.

Summary Judgment vs. Judgment on the Pleadings: When Defenses Are Not Genuine Issues

Explaining the difference between summary judgment and judgment on the pleadings, and when defenses raised in an answer are not genuine issues.

When Can a Complaint Be Amended in Philippine Courts: Key Rules

Learn the Philippine rules on amending complaints and pleadings, including when amendments are allowed and how courts treat them.

Res Judicata and Supplemental Pleadings: When Prior Court Rulings Prevent Relitigation of Land Disputes

Philippine Supreme Court clarifies when supplemental complaints introducing new causes of action violate rules on joinder and venue.

Summary Procedure and Motions for Reconsideration: Scope of Prohibited Pleadings Clarified

A judge may validly act on a motion for reconsideration of a dismissal order in summary procedure cases, as clarified by the Supreme Court.

Dismissed on a Technicality: The Strict Rule on Certification Against Forum Shopping in Philippine Courts

Philippine courts strictly require a certification against forum shopping in every initiatory pleading. Learn why late compliance can get a case dismissed.

Due Process in Labor Disputes: What Pepsi Cola v. NLRC Teaches About Fair Hearings

Philippine Supreme Court clarifies that due process in labor cases means notice and opportunity to be heard, not endless chances to submit pleadings.

Personal Service IS Priority: Understanding Mandatory Pleading Service in Philippine Courts

The Supreme Court clarifies when personal service of pleadings is mandatory under Section 11, Rule 13, and what happens when lawyers skip it.

Dismissal of Ill-Gotten Wealth Cases: The Importance of Specific Allegations

Learn how the Supreme Court protected defendants' right to due process in ill-gotten wealth cases by requiring specific allegations in pleadings and bills of particulars.

Amending Pleadings When CAN YOU Change Your Legal Strategy

Philippine Supreme Court clarifies when courts must consider late answers and jurisdictional challenges in summary procedure cases.

Voluntary Appearance and Jurisdiction: What Filing Pleadings Means in Philippine Courts

Philippine Supreme Court explains how voluntary appearance in court can cure defective summons and establish jurisdiction over a person.

Crafting Effective Legal Pleadings: The Bill of Particulars in Philippine Law

Learn how the Supreme Court clarified the bill of particulars under Philippine law, using the landmark PCGG v. Sandiganbayan case.

Amending Pleadings: When Can You Change Your Legal Strategy Mid-Case?

Learn when Philippine courts allow supplemental or amended complaints to change relief sought mid-case, based on Superclean Services v. HDMF.