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Showing 193–216 of 352 articles for “procedure”

Default Judgments: Timely Filing Prevents Default Declaration

Learn the rules on default declarations in Philippine civil procedure and why filing an answer before default matters.

Judicial Accountability: The Price of Delay in Philippine Courts

A judge's three-year delay in deciding a summary procedure case leads to a P20,000 fine, reinforcing that justice delayed is justice denied.

Upholding Consumer Rights: Proper Procedure for Electric Service Disconnection in the Philippines

The Supreme Court ruled that electric cooperatives cannot disconnect a customer's service without prior notice and differential billing, even when meter tampering is suspected.

Medical Negligence and Res Ipsa Loquitur: Liability in Surgical Procedures

How the Supreme Court applied res ipsa loquitur to hold a surgeon liable for a patient's unexplained burn during childbirth.

Navigating Philippine Courts Why Procedure Matters AS Much AS Substance IN Appeals

The Supreme Court reminds litigants that technical rules yield to justice, especially when liberty hangs in the balance.

Indirect Contempt in the Philippines: Why Proper Procedure Matters in Wage Orders

A look at how the Supreme Court ruled on procedural lapses and the validity of Wage Order No. R02-03 in Metrobank v. NWPC.

Dismissed on a Technicality: Why Following Court Procedure Is Non-Negotiable in the Philippines

A bank's petition was dismissed for missing certified true copies. Learn why procedural rules matter in Philippine courts.

Substantial Compliance vs Strict Procedure: Negligence and Liability in Fire Incidents

A fire spreads from one food stall to another—who pays? The Supreme Court clarifies negligence, fortuitous events, and procedural rules.

Filing Supplemental Complaints in Philippine Courts: Timelines and Proper Procedure

Learn the rules on supplemental complaints in Philippine courts—timelines, procedure, and key principles from recent jurisprudence.

Substantial Compliance With Rule 42 Requirements: The Navalta Case on Procedural Rules

The Supreme Court rules that substantial compliance with Rule 42 petition requirements can cure technical defects, favoring merits over procedure.

Substantial Compliance in Appellate Procedure: Balancing Technical Rules and Justice

The Supreme Court relaxes technical rules in labor cases, allowing substantial compliance with Rule 65 and Rule 13 requirements.

Real Property Tax Refund: Illegality of Assessment and the Proper Claim Procedure

A Supreme Court ruling clarifies that an invalid real property tax ordinance entitles taxpayers to refunds, but claims must follow the Local Government Code's procedure.

Repatriation and Citizenship: Strict Requirements for Reacquiring Filipino Citizenship

Philippine Supreme Court clarifies strict requirements for repatriation under RA 8171, including political or economic necessity and proper procedure.

Untangling Appeal Deadlines: Why Missing a Memorandum Matters

A missed appeal deadline due to lawyer negligence can be fatal. Learn the rules on relief from judgment in Philippine civil procedure.

Substantial Compliance in Procedure and Jurisdiction Shifts in Intra-Corporate Disputes

Explaining Suzuki v. De Guzman on procedural rules, substantial compliance, and the transfer of intra-corporate jurisdiction from SEC to RTCs.

Prejudicial Question in Philippine Criminal Procedure: Suspends, Not Dismisses, Criminal Cases

Understand the prejudicial question doctrine in Philippine criminal procedure—how it suspends rather than dismisses criminal cases, with key rules.

Dismissal of Appeals: Why Following Court Rules Matters

Learn why the Supreme Court dismissed a petition for review from the Secretary of Justice's resolution, and the importance of following proper court procedures.

When a Plea Does Not Bar Re-Arraignment: Double Jeopardy and Defective Informations

The Supreme Court explains when a conditional arraignment and an amended information do not trigger double jeopardy protections in Philippine criminal procedure.

Lost Votes Lost Mandates: Why Proper Comelec Rehearing Procedures Matter in Philippine Elections

A tied Comelec vote on a mayoral proclamation was resolved by "re-consultation" instead of a rehearing. The Supreme Court explains why procedure matters.

Dismissed on Technicality: Why Proper Procedure Is Key in Philippine Certiorari Cases

A behest-loan case dismissed as moot shows why choosing the right remedy—Rule 65, not Rule 45—matters in Philippine procedure.

Exhaustion of Administrative Remedies Key in Agrarian Reform Exemption Cases

Landowners must follow DAR procedures before going to court, as shown in Nicanor T. Santos Development Corp. v. DAR.

Exhaustion of Administrative Remedies in CARP Exemption Cases: Lessons from Santos Development Corp.

A landowner's failure to follow DAR administrative procedures bars judicial relief, even in mandamus petitions. Learn the key rules.

Sheriffs Duty AND Execution OF Judgments WHY Following Procedure Matters

A sheriff's deviation from execution procedure, even without malice, can lead to administrative liability. Learn the rules.

Due Process in Indirect Contempt: Why Judges Must Follow Procedure

A judge fined P20,000 for detaining a litigant without hearing—explaining the due process required in indirect contempt cases.