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Showing 169–192 of 373 articles for “petition”

Naturalization Denied: Understanding Grave Abuse of Discretion in Citizenship Petitions

A Supreme Court ruling clarifies when certiorari is proper in naturalization cases and why appeal, not certiorari, is the correct remedy.

Upholding Franchise Agreements: The Limits of Certiorari in Challenging Final Judgments

When can a party challenge a final judgment through certiorari? The Supreme Court clarifies the limits of Rule 65 petitions in franchise disputes.

Probate Jurisdiction Absence OF Estate Value Dooms Will Allowance

The Supreme Court nullified a will allowance because the petition failed to allege the estate's gross value, stripping the trial court of jurisdiction.

No More Extensions for Certiorari Petitions: The Strict 60-Day Rule Under A.M. No. 07-7-12-SC

The Supreme Court clarifies that courts can no longer grant extensions for Rule 65 certiorari petitions after A.M. No. 07-7-12-SC deleted the allowance.

Hierarchy of Courts: When Direct Resort to the Supreme Court Is Not Allowed

The Supreme Court explains the hierarchy of courts rule and why direct petitions for certiorari must first go to the Court of Appeals.

Habeas Corpus and Valid Court Judgments: When the Writ Is Denied in the Philippines

Philippine Supreme Court clarifies when habeas corpus petitions are denied despite procedural leniency, emphasizing valid judgments and pending cases.

Due Process in Election Appeals: The 30-Day Rule for COMELEC Petitions

The Supreme Court clarifies the 30-day filing period for appeals from COMELEC rulings, emphasizing strict compliance in election cases.

Warrant of Arrest Stands: Court Power Prevails Over DOJ Review

Supreme Court rules a judge's exclusive power to issue warrants of arrest cannot be suspended by a pending DOJ petition for review.

Separation of Proceedings: Annulment Case Cannot Delay Writ of Possession

Supreme Court rules consolidation of annulment case with writ of possession petition is grave abuse, delays foreclosure remedy.

Philippine Supreme Court Upholds Cigarette Tax Classification and Uniformity

The Court upholds the constitutionality of the cigarette excise tax classification system under RA 9334, rejecting equal protection, uniformity, and unfair competition challenges.

Untimely Election Protests: When Pre-Proclamation Petitions Do Not Suspend Filing Deadlines

The Supreme Court clarifies when a pre-proclamation petition suspends the 10-day deadline for filing an election protest under Philippine law.

Strike Illegality and Termination: When Prior NLRC Findings Suffice

Prior NLRC ruling that strikers committed illegal acts makes a strike ipso facto illegal, allowing valid dismissal without a separate petition.

Certification Elections: No Forum Shopping Certificate, Union Legitimacy Rules

Supreme Court clarifies that certification election petitions need no non-forum shopping certificate and explains union legitimacy rules in labor disputes.

Improper Appeal Why Hanjins Certiorari Petition Failed TO Overturn Illegal Dismissal Ruling

Why a certiorari petition failed to overturn an illegal dismissal ruling, and what it means for litigants.

Rehabilitation Petitions Technical Insolvency AND Creditors Rights IN Corporate Recovery

Philippine Supreme Court clarifies when a technically insolvent corporation may file for rehabilitation and how creditor rights are affected.

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.

Burger Battle: Protecting Brand Identity Against Unfair Competition in the Philippines

The Supreme Court clarifies the IPO's jurisdiction over unfair competition cases and the protection of well-known foreign trademarks in the Philippines.

Court Hierarchy and Procedural Rules: Certiorari Petition Dismissed for Bypassing Lower Courts

Supreme Court affirms dismissal of certiorari petition for violating hierarchy of courts and failing to comply with verification and non-forum shopping rules.

Unfair Competition: Likelihood of Confusion vs. Actual Deception in Philippine Trademark Cases

Philippine Supreme Court clarifies that unfair competition requires actual intent to deceive, not just confusing similarity, and explains the proper remedy for DOJ rulings.

Forum Shopping Prohibition Filing Separate Actions FOR THE Same Relief Results IN Dismissal

Filing both an appeal and a certiorari petition over the same RTC orders is forum shopping. The Supreme Court explains why both cases were dismissed.

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.

Relief From Judgment Not Available in the Supreme Court: Purcon v. MRM Philippines

The Supreme Court explains why a petition for relief from judgment under Rule 38 cannot be filed in the High Court.

When Lawyers Cite Cases That Do Not Exist: G.R. No. 276106 and the Duty of Candor

The Supreme Court denied a labor petition and ordered an investigation of counsel who cited eighteen decisions that were nonexistent, misquoted, or ruled against his client.

Navigating Appeals in Estate Settlements: Avoiding Forum Shopping Pitfalls

Learn when Philippine courts allow separate appeals and certiorari petitions in estate cases without committing forum shopping.