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Showing 121–144 of 474 articles for “trial”

Plaintiff’s Duty to Prosecute: Pre-Trial Setting Not Solely the Court’s Burden

The Supreme Court clarifies that the guidelines on pre-trial do not remove a plaintiff’s duty to move for pre-trial; failure without justifiable cause warrants dismissal.

Trust or Time: Prescription in Disputes Over Inherited Shares

Supreme Court clarifies when prescription and laches may bar claims over shares held in implied trust, remanding Dy Sun-Ong v. Dy Sun for trial.

Mortgage Foreclosure: Default Admissions Justify Summary Judgment

When a debtor admits default on a secured loan, Philippine courts may grant summary judgment in mortgage foreclosure without full trial.

When Dismissing an Appeal for Missing a Memorandum Is Wrong: Sanico v. People

The Supreme Court ruled that a trial court cannot dismiss a criminal appeal solely for failure to file a memorandum, as this violates due process.

How Appeals Affect Preliminary Attachments: Jurisdiction and Ancillary Remedies

When a main case is appealed, the trial court loses jurisdiction over the attachment. Learn the rule from Northern Islands v. Garcia.

Suspension of Arraignment, DOJ Review, and the Right to Speedy Trial in Copyright Cases

Explaining when courts may suspend arraignment pending DOJ review and how delay affects the right to speedy trial in copyright infringement cases.

Speedy Trial vs Provisional Dismissal: Balancing Rights in Criminal Proceedings

A Supreme Court ruling clarifies when a case dismissal for denial of speedy trial becomes final, and how provisional dismissal works.

Speedy Trial Dismissal Is an Acquittal: Double Jeopardy and Finality in Criminal Cases

A dismissal for violation of the right to speedy trial is an acquittal that bars re-prosecution. Learn the rules and practical lessons from this case.

Pre-Trial Attendance Is Key: Consequences of Absenteeism in Philippine Courts

Philippine courts require strict compliance with pre-trial rules. Learn the consequences of absence and the rules on reconstitution of titles.

Ejectment Appeals: No Trial De Novo and the Boundary Dispute Rule

Philippine Supreme Court ruling on ejectment appeals, boundary disputes, and why RTCs cannot conduct trial de novo.

Quashing Motions: The Remedy Lies in Trial and Appeal, Not Certiorari

When a motion to quash is denied, the accused must proceed to trial and appeal later—certiorari is not the remedy.

When a Trial Court Loses Jurisdiction: Double Jeopardy and Void Orders in Quiambao v. People

The Supreme Court explains when a dismissal order is void for lack of jurisdiction and why double jeopardy does not attach to a null judgment.

Upholding Accountability Attorney Sanctioned FOR Misleading THE Court AND Obstructing Justice

Supreme Court rules on contempt jurisdiction, residual powers of trial courts, and ministerial duties of court officers in execution pending appeal.

Pre-Trial Representation: When a Special Power of Attorney Is Required

Learn why the Supreme Court requires a Special Power of Attorney for pre-trial representation, and how lacking one can lead to default.

Speedy Trial and Provisional Dismissal: Key Rules from Co v. New Prosperity Plastic Products

The Supreme Court clarifies when provisional dismissal becomes permanent and how the one-year revival period is counted.

Judicial Courtesy vs Timely Justice: Resolving Stale Checks and Prolonged Litigation

The Supreme Court clarifies that judicial courtesy is the exception, not the rule, in suspending trial court proceedings.

Judicial Conduct on Trial: Balancing Online Presence and Ethical Duties

A Supreme Court ruling on a judge's Friendster photos and courtroom conduct clarifies ethical boundaries for magistrates online and offline.

Balancing Freedom of Speech and the Sub Judice Rule: Protecting Fair Trial Rights

The Supreme Court clarifies when public comments on pending cases violate the sub judice rule and constitute contempt.

Chain of Custody Safeguarding Drug Evidence and Ensuring Fair Trials in the Philippines

Learn how the Supreme Court's chain of custody rule protects accused persons from planted evidence in Philippine drug cases.

Hearsay on Trial: Proving Misconduct in Philippine Administrative Law

A look at Far Eastern Surety v. People, on bail bond liability, forgery claims, and the proper mode of appeal under Rule 45.

Chain of Custody Safeguarding Drug Evidence and Ensuring Fair Trials

The Supreme Court clarifies that minor lapses in drug evidence handling do not automatically invalidate a conviction if the chain of custody remains intact.

Secretary's Certificate as Proof of Corporate Authority in Philippine Litigation

Philippine Supreme Court clarifies when a secretary's certificate suffices to prove corporate authority to file pleadings, and the duties of plaintiffs in pre-trial.

Speedy Trial vs Consolidation: Protecting the Accused's Rights

The Supreme Court rules that consolidating criminal cases cannot override an accused's constitutional right to a speedy trial.

The Court's Duty of Independent Assessment in Dismissing Criminal Cases

When prosecutors move to withdraw an Information, trial courts must independently assess the merits—not just perfunctorily deny the motion.