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Showing 145–168 of 352 articles for “procedure”

Certiorari as a Substitute for Appeal: Navigating Procedural Missteps in Philippine Courts

Learn when certiorari can replace an appeal in Philippine procedure, and how the Supreme Court treats loss of trust and confidence in dismissals.

When Modified Judgments Can Be Appealed: Protecting Litigants' Rights

Learn when a modified Court of Appeals decision is appealable to the Supreme Court and how litigants' rights are protected in civil procedure.

Balancing Justice and Procedure: When Technicalities Yield to Equity in Appeals

The Supreme Court clarifies when procedural rules prevail over equitable arguments in criminal appeals involving the Ombudsman.

Substantial Justice Over Strict Procedure in Agrarian Appeals: DARAB Rules Liberally Construed

SC rules DARAB notices of appeal should be liberally construed; technical defects must not defeat substantial justice in agrarian cases.

Reinstatement After Suspension: The Process for Lawyers to Resume Practice in the Philippines

The Supreme Court clarifies the procedure for lifting a lawyer's suspension, requiring a sworn statement of compliance before resuming practice.

Sheriffs Must Follow Rules in Executing Money Judgments

A sheriff's failure to remit collected judgment payments to the clerk of court led to a one-year suspension. Learn the proper procedure under Rule 39.

Finality of Judgments in Forcible Entry: Why Prohibited Motions Do Not Stop the Clock

A motion for reconsideration is prohibited in summary procedure cases and does not stop the appeal period. Learn the rules and the doctrine of immutability of judgments.

Due Process, Jurisdiction, and Provisional Remedies in Philippine Criminal Law

A look at Villamor v. People on due process, jurisdiction, and provisional remedies in Philippine criminal procedure.

Eminent Domain and Just Compensation: Protecting Property Rights in the Philippines

Learn how the Supreme Court protects property rights in eminent domain cases, and why just compensation must follow legal procedures.

Dismissal Based on Technicality When Courts Must Prioritize Justice Over Procedure

The Supreme Court relaxes procedural rules in labor cases to resolve the merits of an illegal dismissal dispute involving retirement age.

Entrapment vs Predisposition: How Philippine Courts View Drug Buy-Bust Operations

A Supreme Court ruling clarifies when a buy-bust operation is valid entrapment rather than instigation, and how courts weigh police procedures in drug cases.

Why Police Procedure Matters: Acquittal in Drug Cases and the Weight of Evidence

A buy-bust operation's failure to follow Section 21 of RA 9165 led to an acquittal. Learn the rules on evidence integrity.

Forum Shopping One Wrongful ACT One Legal Remedy Only

A Philippine Supreme Court ruling on forum shopping, one wrongful act, and the single legal remedy rule in civil procedure.

Gross Ignorance of the Law: Judge Fined for Procedural Lapses in Summary Procedure Case

A judge's failure to apply the Revised Rules on Summary Procedure leads to a fine for gross ignorance of the law. Learn the key lessons from this administrative case.

Final vs Interlocutory Orders: Timeliness of Appeal and the Right to Appeal

Learn the difference between final and interlocutory orders, the timeliness of appeal, and how sheriffs execute writs in Philippine civil procedure.

Shareholder Derivative Suits: Venue and Procedure Under Philippine Rules

Learn how Philippine courts determine venue for shareholder derivative suits and why procedural choices like certiorari vs. appeal matter.

Dismissal for Loss of Trust and Confidence: Clear Proof and Due Process Are Essential

Philippine Supreme Court ruling on when loss of trust and confidence justifies employee dismissal, requiring clear evidence and proper procedure.

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.

Just Cause vs Due Process: What Bacolod-Talisay Realty Teaches About Employee Dismissal

Philippine Supreme Court ruling on dismissal with just cause but defective procedure, explaining nominal damages for employees.

Supreme Court Upholds Ejectment for Lease Violation Despite Late Position Paper

SC rules on unlawful detainer, late position papers under summary procedure, and damages recoverable in ejectment cases.

Demolishing a Leased Property Without Consent: Ejectment and Damages in Philippine Law

A lessee who demolished a leased house without the lessor's consent was validly ejected. Learn the rules on lease violations, damages, and summary procedure.

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.

Accountability Above Procedure Mayors Cannot Bypass Essential Checks IN Fund Disbursement

Broken Chains: Why Strict Evidence Procedures Matter in Drug Cases

The Supreme Court acquits a drug suspect due to broken chain of custody and non-compliance with Section 21, R.A. 9165.