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Showing 145–168 of 373 articles for “petition”

Lost Land Title WHY Filing A Petition FOR Reissuance Might Backfire IN THE Philippines

Union Security Clauses and the Freedom Period: When Dismissal for Disloyalty Fails

Philippine Supreme Court clarifies that signing a certification election petition during the freedom period is not union disloyalty justifying dismissal.

Disqualification vs. COC Cancellation: Timelines That Decide Election Cases

The Supreme Court clarifies the critical distinction between election disqualification petitions and petitions to cancel certificates of candidacy.

Missed Deadlines, Lost Rights: The 15-Day Rule for Just Compensation in Agrarian Reform

Land Bank v. Listana explains why a late petition for just compensation in agrarian reform cases can be fatal, and what the 15-day rule means for landowners.

The 15-Day Rule in Just Compensation Cases: When a Belated Filing Proves Fatal

A belated petition for just compensation before the Special Agrarian Court can be dismissed. Learn the 15-day rule from Land Bank v. Listana.

Verification and Certification Against Forum Shopping: Why All Petitioners Must Sign

A single unsigned verification can dismiss a case. Learn the strict rules on certification against forum shopping from Formoso v. PNB.

Lost Land Title Petitions: Court Limits, Due Diligence, and Protecting Property Rights

Learn how Philippine courts handle petitions for new owner's duplicate titles, including jurisdictional limits, due diligence duties, and key lessons from a recent Supreme Court ruling.

Fatal Flaws in Forum Shopping Certification: NHA v. Roxas and Rule 46 Compliance

A procedural misstep in certiorari petitions—missing certified true copies—can be fatal. The Supreme Court clarifies the rules in NHA v. Roxas.

Land Bank's Right to Sue for Just Compensation in Agrarian Cases

Supreme Court affirms Land Bank's legal personality to file petitions for just compensation determination before Special Agrarian Courts.

Citizenship Disputes and Electoral Timelines: Gonzalez v. COMELEC on Disqualification Petitions

The Supreme Court clarifies the distinction between disqualification and cancellation of COC petitions, and the strict 25-day filing period under the election code.

Indispensable Parties in Certiorari Petitions: The Rule on Due Process

Why omitting an indispensable party in a certiorari petition can invalidate proceedings and how to avoid this procedural pitfall.

Mandamus and Mootness: When a Judge's Action Renders a Petition Unnecessary

The Supreme Court explains when a mandamus petition becomes moot because the judge already acted, using a mining damage case as example.

Dismissal for Non-Compliance: Upholding Procedural Rules in Appellate Review

The Supreme Court affirms the CA's dismissal of a petition for review for failure to comply with Rule 43 requirements, underscoring the mandatory nature of appellate procedure.

Untangling Agrarian Appeals When Is a Petition for Review Required

The Supreme Court clarifies when a petition for review—not an ordinary appeal—is required in agrarian cases, and why procedural lapses may be excused.

Forum Shopping and Timeliness: Navigating Legal Remedies in Intra-Corporate Disputes

A party cannot file both an appeal and a certiorari petition against the same ruling—this is forum shopping. Learn the rules.

Grave Abuse of Discretion Standard in Sandiganbayan Certiorari Petitions

Explore how the Supreme Court defined grave abuse of discretion in certiorari petitions against the Sandiganbayan, citing the Barrera market stall case.

Reinstatement to the Bar: Proving Rehabilitation and Compliance with Disciplinary Orders

The Supreme Court grants a lawyer's petition for reinstatement after serving successive suspensions, showing the path back to practice.

Corporate Rehabilitation Dismissed for Rule Violations and Creditor Opposition

Supreme Court affirms dismissal of corporate rehabilitation petition where debtor violated procedural rules and faced substantial creditor opposition.

Annulment of Judgment in Philippine Law: Why Procedural Remedies Must Come First

Philippine Supreme Court clarifies that annulment of judgment under Rule 47 requires exhausting ordinary remedies first, or the petition fails.

One Title, One Truth: Resolving Conflicting Claims in the Maysilo Estate Saga

The Supreme Court resolves a decades-old land dispute, affirming that only one OCT No. 994 exists and dismissing a petition for mandamus.

Cooperative Fees Supreme Court Limits Exemptions In Foreclosure Proceedings

Supreme Court clarifies that cooperatives' exemption from court fees under the Cooperative Code does not apply to extrajudicial foreclosure petitions.

Reconstitution of Titles: Strict Compliance and Jurisdictional Requirements in Land Registration

The Supreme Court clarifies that petitions for reconstitution of lost Torrens titles require strict compliance with jurisdictional requirements under RA 26.

Motion for Reconsideration: A Necessary Step Before Filing Certiorari

Learn why Philippine courts require a motion for reconsideration before a Rule 65 certiorari petition, as shown in this Supreme Court ruling.

Writ of Possession in Extrajudicial Foreclosure: No Certification Against Forum Shopping Required

Learn why the Supreme Court ruled that an ex parte petition for a writ of possession is not an initiatory pleading, so no certification against forum shopping is needed.