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Showing 1–24 of 30 articles for “civil procedure”

Mootness Doctrine: When Supervening Events Make Court Cases Academic

Learn how the mootness doctrine works in Philippine civil procedure, explained through the Supreme Court's ruling in Republic v. Manalo.

Finality of Judgment and the Fresh Period Rule: Timely Appeals in Philippine Civil Procedure

Learn how the Supreme Court applied the fresh period rule and finality of judgment principles in Eserjose v. Allied Banking Corporation.

Default Orders and Procedural Compliance: The Limits of Technical Objections

Understand when a technical defect in service of pleadings can—and cannot—justify setting aside a default order in Philippine civil procedure.

Standing to Sue: Why Being the Real Party in Interest Matters in Philippine Courts

Understand real party in interest rules in Philippine civil procedure and how standing affects who may bring a lawsuit.

Finality Prevails: The Consequences of Untimely Appeals in Philippine Civil Procedure

Learn how the Supreme Court treats late appeals in civil cases, why finality matters, and the strict rules on appeal periods.

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.

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.

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.

Valid Service of Summons on Corporations: Strict Rules Protect Corporate Rights

Learn how strict service of summons rules protect corporations from default judgments in Philippine civil procedure.

The Right to Intervene: Protecting Assigned Interests in Court Proceedings

Explore the right to intervene in Philippine civil procedure, protecting assigned interests and preventing injustice through timely court participation.

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.

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.

Default Judgments and Proper Appeals: Navigating Procedural Errors in Philippine Law

Learn how the Supreme Court treats default judgments, appeal errors, and legal redemption deadlines in Philippine civil procedure.

Mootness in Preliminary Injunctions: When Does a Case Become Irrelevant

Learn when a case becomes moot and how Philippine courts treat preliminary injunctions in this plain-language guide to civil procedure.

Amending Pleadings: The Right to Amend Before a Responsive Pleading

Learn the rules on amending pleadings before a responsive pleading is filed, and the consequences of missing appeal deadlines in Philippine civil procedure.

Deposition Admissibility and Waiver of Cross-Examination in Philippine Civil Procedure

Philippine Supreme Court ruling on deposition admissibility for aged witnesses and waiver of cross-examination rights in civil cases.

Execution Pending Appeal: The Imperative of Good Reasons in Philippine Civil Procedure

Philippine courts grant execution pending appeal only for compelling reasons. Learn the rule, the exceptions, and practical takeaways.

Motion to Dismiss and the Imperative of Clear Reasoning in Court Resolutions

Why courts must clearly explain their rulings, and how the Supreme Court applies this principle in civil procedure.

Perfecting Appeals: The Crucial Difference Between Single and Multiple Judgments in Philippine Law

Learn when a record on appeal is required in Philippine civil procedure, and why missing this step can cost you your appeal.

Unlocking Discovery: Compelling Answers to Written Interrogatories in Philippine Civil Procedure

Explore when courts must compel answers to written interrogatories and why "fishing expedition" objections fail under Philippine discovery rules.

Judicial Accountability: Fines for Ignorance of Summary Procedure Rules

Court employees fined P4,000 each for gross ignorance of appeal fee rules under the 1997 Rules of Civil Procedure.

Dismissal of Appeal: Strict Application of Procedural Rules in Philippine Courts

Learn how Philippine courts determine jurisdiction and cause of action from complaint allegations, not defenses, in this civil procedure case analysis.

Habeas Corpus Appeals in the Philippines: The 15-Day Rule Explained

The Supreme Court confirmed that habeas corpus appeals now follow the 15-day period under the 1997 Rules of Civil Procedure, replacing the old 48-hour rule.

Substitution of Plaintiff Denied: Why Counterclaims Matter in Philippine Civil Procedure

A look at Ang Kek Chen v. Judge Andrade and the rules on substitution of parties and counterclaims in Philippine civil procedure.