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Showing 1–24 of 299 articles for “certiorari”

Upholding Arbitration Awards: BCDA v. CJH Development and the Finality of Arbitral Decisions

The Supreme Court affirms that confirmed arbitral awards are immediately executory and cannot be modified on certiorari, reinforcing arbitration as a final dispute resolution mechanism.

Adultery and Probable Cause: Balancing Marital Rights and Fair Prosecution

The Supreme Court clarifies the rules on probable cause in adultery cases and the private complainant's right to file certiorari.

Partial Summary Judgments: When Grave Abuse of Discretion Opens the Door to Certiorari

The Supreme Court clarifies when a partial summary judgment may be assailed via certiorari, and why a tax declaration case involving BCDA fell under grave abuse of discretion.

Certiorari as a Remedy: Exhausting Administrative Remedies in Banking Disputes

Learn when certiorari is proper in banking disputes and why exhausting administrative remedies remains a key requirement before court action.

Attorney's Fees in Estate Proceedings: When Docket Fees Are Not Required

The Supreme Court clarifies when lawyers claiming fees from an estate need not pay separate docket fees, and when certiorari is proper.

Certiorari Deadlines Strict Enforcement IN Philippine Courts

Philippine Supreme Court clarifies medical malpractice prescription and strict procedural deadlines for certiorari petitions under Rule 45.

Certiorari Deadlines Strict Compliance Required IN Philippine Courts

The Supreme Court affirms that Rule 45 petitions must strictly comply with procedural deadlines, and clarifies the elements of Section 3(e) of the Anti-Graft Law.

Balancing Efficiency and Due Process: The 60-Day Certiorari Rule in Court Operations

Examining Puregold v. Court of Appeals, which underscores the strict 60-day period for certiorari and the binding effect of counsel's receipt of orders.

Libel Venue Rules: When Public Officers Can Sue and Why Denial of Motion to Quash Is Not Appealable

Supreme Court clarifies libel venue rules for public officers and why denial of a motion to quash is an interlocutory order, not subject to certiorari.

Hierarchy of Courts in Certiorari Petitions: Lessons from Nacionales v. Solde-Annogui

The Supreme Court reaffirms the hierarchy of courts doctrine, requiring certiorari petitions to start at the RTC, not the High Court.

The Limits of Certiorari and the Finality of Acquittal in Philippine Law

A Supreme Court ruling clarifies when an acquittal can still carry civil liability, and the procedural consequences of filing a demurrer to evidence.

Dismissals With Prejudice and the Right to Appeal: Lessons from Heirs of Jose Malit, Sr. v. Heirs of Jesus Mal

The Supreme Court clarifies when a dismissal bars refiling and why appeal—not certiorari—is the proper remedy.

Libel in Media: When News Reporting Crosses Legal Boundaries

The Supreme Court clarifies when news reports become libelous and why denying a motion to quash is not appealable via certiorari.

Understanding the Limits of Quasi-Judicial Powers: The DARAB's Jurisdictional Boundaries

The Supreme Court clarifies that the DARAB, as a quasi-judicial body, cannot exercise certiorari powers—a key ruling on jurisdictional limits.

Certiorari Timelines in the Philippines: Lessons from Republic v. Heirs of Borja

The Supreme Court clarifies the 60-day rule for filing certiorari petitions and when extensions may be allowed.

Probable Cause and Estafa Elements: Lessons from a Dismissed Certiorari Petition

A look at when courts may overturn a prosecutor's probable cause finding, and why the elements of estafa must be clearly alleged.

Understanding Demurrers to Evidence: When Can You Challenge the Prosecution's Case

A demurrer to evidence lets an accused challenge the prosecution's case. But denial cannot be attacked via certiorari, as Espinosa v. Sandiganbayan shows.

When the Ombudsman Can Dismiss Graft Cases: Ownership Disputes and Certiorari Limits

Explaining when the Ombudsman may dismiss a graft complaint that hinges on a property ownership dispute, and why certiorari cannot cure errors of judgment.

When Can You Challenge an Ombudsman Dismissal? Certiorari Limits Explained

Explore the Supreme Court's ruling in Dormido v. Ombudsman on why certiorari cannot cure errors of judgment in graft case dismissals.

Choosing the Right Path: Why Appeals Matter in Philippine Law

A Supreme Court ruling on why certiorari cannot replace a lost appeal, and what this means for litigants.

PDIC Deposit Insurance Denials: Court of Appeals Holds Exclusive Certiorari Jurisdiction

Supreme Court clarifies that PDIC deposit insurance claim denials must be challenged via certiorari before the Court of Appeals, not the RTC.

Where to Appeal PDIC Denials: The Rule on Jurisdiction After RA 10846

A denied deposit insurance claim must be challenged via certiorari before the Court of Appeals, not the RTC. This case explains the rule.

Relaxation of Procedural Rules Ensures Substantial Justice Prevails Over Technicalities in Certiorari Petition

Supreme Court relaxes procedural rules to resolve merits of case involving memorial lot purchase, affirming RTC decision annulling contract.

Certiorari as a Remedy Against Default Judgments for Grave Abuse of Discretion

When can a party use certiorari instead of appeal to challenge a default judgment? The Supreme Court clarifies the rule.