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Showing 1–24 of 50 articles for “default judgment”

Understanding Default Judgments When Courts Must Allow Late Answers

When can courts allow late answers? This article explains default judgment rules and when courts must permit a defendant to file a late answer.

Default Judgments and Due Process: How Actual Receipt of Summons Cures Defective Service

Philippine Supreme Court ruling on how actual receipt of summons cures defective substituted service and the requirements for lifting default orders.

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.

Default Judgments and Due Process: Reclaiming Rights After a Missed Court Appearance

Learn how the Supreme Court protects due process rights when a party misses a court appearance and faces a default judgment.

Contract to Sell vs. Sale: When Cancellation Is Valid Without Maceda Law

Supreme Court clarifies contract to sell rules, default judgments, and when Maceda Law does not apply to commercial property buyers.

Default Judgment in Philippine Civil Cases: Why Timely Answers and Remedies Matter

Understand when Philippine courts may declare a party in default, the requirements, and the remedies available before a default judgment becomes final.

Default Orders and Due Process: Protecting Defendants' Rights in Philippine Courts

Learn how Philippine courts balance default orders with due process, and what defendants must prove to lift a default judgment.

Partition Rights CO Ownership VS Prior Judgment IN Philippine Property LAW

Supreme Court clarifies that a default judgment cannot substitute for proof of co-ownership, and a tax declaration alone does not establish title.

Default Judgments and Due Process: Proving Ownership Claims in Philippine Courts

Philippine Supreme Court clarifies that default judgments still require proof of claims, and bare allegations cannot establish ownership of property.

Default Judgments: Excusable Negligence and Timely Remedies in Philippine Courts

Understand default judgments in Philippine courts, the strict rules on excusable negligence, and the timely remedies available to defendants.

Default Judgments: Excusable Negligence and Timely Remedies in Philippine Courts

Understand when Philippine courts set aside default orders, what counts as excusable negligence, and the remedies available to defendants.

Safeguarding Due Process: Annulment of Judgment for Excess Interest Rates

A default judgment granting 5% monthly interest when only 12% per annum was prayed for violates due process and may be annulled.

Default Judgment: The Consequences of Neglecting Legal Deadlines in Philippine Courts

A Supreme Court ruling shows how missing a pre-trial conference can lead to default judgment and why courts enforce deadlines strictly.

Default Judgment Set Aside: Premature Declaration Violates Defendant's Right to Answer

Supreme Court rules a defendant cannot be declared in default while a motion to dismiss is pending, as the answer period is suspended.

Default Judgments: Balancing Procedural Rules and Fairness in Philippine Courts

The Supreme Court clarifies when courts may declare a defendant in default for late answers, balancing strict procedural rules against fairness.

Default Judgments: Scope of Appellate Review and Admissibility of Evidence

A defaulting defendant may still appeal, but only on limited grounds. The Court clarifies how evidence is treated on appeal from a default judgment.

Avoiding Default Judgment: Why Showing Up to Pre-Trial Is Non-Negotiable in Philippine Courts

Learn why failing to appear at pre-trial in Philippine courts can lead to default judgment, and how to protect your case.

Defective Summons Ensuring Proper Notification IN Philippine Legal Proceedings

Learn how defective summons can void a default judgment, as shown in B.D. Long Span Builders v. R.S. Ampeloquio Realty.

Default Judgments and Due Process: The Imperative of Procedural Compliance in Philippine Courts

Philippine Supreme Court ruling on finality of judgments, procedural compliance, and the limits of post-judgment remedies in civil cases.

Accounting for Family Wealth: Default Judgments and the Limits of Contempt in Intra-Family Disputes

A Supreme Court ruling clarifies default judgment rules, appeal periods, and why contempt is not the remedy for disobeying a remand order.

Default Judgments: When a Bank's Procedural Lapses Lead to Default

The Supreme Court upheld a default declaration against PNB for filing a late answer and misleading the court, clarifying strict rules on extensions.

When Can You Challenge a Default Judgment: Annulment and Due Process Explained

Learn when a default judgment can be annulled in the Philippines, including grounds like extrinsic fraud and lack of jurisdiction, based on a Supreme Court ruling.

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.

Default Judgments in Ejectment Cases: Upholding Due Process and the Rules of Summary Procedure

Learn how the Supreme Court protects due process in ejectment cases, emphasizing strict adherence to procedural rules and the proper grounds for default judgments.