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Showing 1–24 of 342 articles for “motion”

Defective Information in VAWC Cases: When Lack of Specificity Leads to Acquittal

The Supreme Court acquitted a VAWC accused because the Information failed to allege mental or emotional anguish, a crucial element under Section 5(i) of RA 9262.

Undue Delay in Court: When a Judge Is Liable and What the Consequences Are

The Supreme Court explains when a judge's delay in resolving motions becomes administrative liability, and the penalties under the amended Rule 140.

Financial Abuse Under VAWC: Why Intent Matters in RA 9262 Cases

The Supreme Court clarifies that financial abuse under RA 9262 requires proof of intent to cause emotional anguish, not just denial of support.

Motion to Withdraw Information: When Courts Must Assess Evidence Before Dismissal

Courts must independently assess evidence before granting a motion to withdraw information. Learn the rules from a recent Sandiganbayan case.

Understanding Special Leave Benefits for Women: Insights From a Landmark Supreme Court Case

A Supreme Court ruling clarifies the procedural requirements for special leave benefits for women, emphasizing the importance of the three-day notice rule in motions.

Due Process and Summons: Supreme Court Ruling on Unresolved Motions for Reconsideration

The Supreme Court clarifies that ignoring a motion for reconsideration violates due process, while explaining how courts acquire jurisdiction over defendants.

Motion to Quash in Estafa Cases: Grounds, Waiver, and Double Jeopardy Explained

Learn the procedural rules on motion to quash in estafa cases, including waiver of grounds and double jeopardy, from a recent Supreme Court ruling.

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.

New Mayor’s Power to Withdraw Predecessor’s Motion: Berces v. CSC

Can a new mayor withdraw an administrative appeal filed by a predecessor? The Supreme Court clarifies succession, finality, and misconduct rules.

Voluntary Submission to Jurisdiction: Key Insights from the Jorgenetics Replevin Case

How a defendant's post-dismissal motions can cure defective service of summons and revive a replevin case, per the Supreme Court.

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.

Judicial Accountability and the Limits of Inhibition Motions in Election Protests

The Supreme Court clarifies when judges must inhibit and why delay claims alone cannot prove bias in election cases.

Union Membership Eligibility Insights From the Coca-Cola Case

The Supreme Court clarifies when ineligible employees affect union registration, and when a motion for reconsideration may be excused.

How Lawyers' Dilatory Tactics Can Delay Justice: Lessons from a Landmark Supreme Court Ruling

Six lawyers were disciplined for filing frivolous motions to delay execution of a final judgment. Learn the rules they violated.

Judicial Decorum in Philippine Courts: Lessons from Judge Dajao's Vulgar Conduct Case

The Supreme Court fined a judge for vulgar language and self-promotion, reaffirming strict standards of judicial decorum under Philippine law.

Zealous Advocacy vs. Threats to Judicial Integrity: The Zamora v. Mahinay Standard

The Supreme Court clarifies when a lawyer's vigorous motion crosses the line into an unethical threat against a judge.

Finality of Court Control Over Criminal Cases: SSS v. Seno on Withdrawal of Information

Explore the Supreme Court's ruling in SSS v. Seno on trial court discretion over motions to withdraw criminal informations and due process limits.

Timely Filing of Motions: Why Service on Counsel Matters in Philippine Courts

Learn how the Supreme Court clarified that notice to counsel, not the party, determines the timeliness of motions in Philippine litigation.

Substantial Compliance in Verification: When Procedural Lapses Still Cost the Case

Philippine Supreme Court clarifies that substantial compliance with verification rules cannot excuse a belatedly filed motion for reconsideration in civil cases.

The Perils of Belated Filings: When Courts Relax Procedural Rules

The Supreme Court balances strict procedural rules against substantial justice in Latogan v. People, a case on belated appeals and defective motions.

Reviving Judgments When Delays Extend the Execution Period Under Philippine Law

Philippine Supreme Court clarifies when a final judgment can still be executed by motion beyond five years if the losing party caused the delay.

Motion for Reconsideration Stays Execution: Due Process in Land Disputes

A pending motion for reconsideration stays execution of judgment. The Supreme Court explains why a writ of execution cannot bind non-parties.

Judicial Accountability: Delay in Resolving Motions and the Judge's Duty

A Supreme Court ruling holds a judge liable for undue delay, reinforcing that judges cannot blame staff for failing to resolve motions promptly.

Certiorari as an Improper Remedy: Interlocutory Orders and Grave Abuse of Discretion in Recovery of Possession

A party cannot use certiorari to challenge interlocutory orders like a denied motion to dismiss or default order when ordinary remedies exist.