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Showing 1–24 of 38 articles for “pre-trial”

When Courts Allow New Evidence Not Pre-Marked During Pre-Trial in Philippine Litigation

Philippine courts may admit evidence not pre-marked during pre-trial if good cause is shown. Learn the rule and its exceptions.

Attorney Accountability: Negligence and Duty to Client in Legal Representation

Philippine Supreme Court suspends lawyer for negligence—missing pre-trial, defective motions, and concealing case status from client.

When Can a Landlord Claim Unpaid Rent: Lessons from Booklight v. Tiu

Learn when landlords can claim unpaid rent and why tenants must present evidence at pre-trial, based on a Philippine Supreme Court ruling.

Pre-Trial Orders Prevail: Limiting Evidence to Ensure Fair and Efficient Litigation

Explore how Philippine courts treat pre-trial orders that limit evidence, ensuring fair and efficient litigation while preventing trial by ambush.

Pre-Trial Appearances and Summary Judgment Motions: Pascual v. First Consolidated Rural Bank

Explaining when summary judgment motions can be filed, and why skipping pre-trial remains fatal even with a pending motion.

Pre-Trial Stipulations and Signature Authentication: Heirs of Salud v. Rural Bank of Salinas

A 2016 Supreme Court ruling clarifies when pre-trial stipulations bind parties and how courts weigh handwriting expert findings against direct testimony.

The Fine Line When Excuses Don't Excuse Absence in Court

When does a valid excuse justify missing pre-trial? The Supreme Court clarifies when postponements are a privilege, not a right.

Trial Court Discretion and Fair Trial: Nullifying Pre-Trial Proceedings

Supreme Court clarifies when a trial court may nullify pre-trial proceedings and the limits of judicial discretion in criminal cases.

Plaintiff’s Duty to Prosecute: Pre-Trial Setting Not Solely the Court’s Burden

The Supreme Court clarifies that the guidelines on pre-trial do not remove a plaintiff’s duty to move for pre-trial; failure without justifiable cause warrants dismissal.

Pre-Trial Attendance Is Key: Consequences of Absenteeism in Philippine Courts

Philippine courts require strict compliance with pre-trial rules. Learn the consequences of absence and the rules on reconstitution of titles.

Pre-Trial Representation: When a Special Power of Attorney Is Required

Learn why the Supreme Court requires a Special Power of Attorney for pre-trial representation, and how lacking one can lead to default.

Secretary's Certificate as Proof of Corporate Authority in Philippine Litigation

Philippine Supreme Court clarifies when a secretary's certificate suffices to prove corporate authority to file pleadings, and the duties of plaintiffs in pre-trial.

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.

Dismissal for Lack of Pre-Trial Brief: Balancing Procedural Rules and Justice

The Supreme Court affirms dismissal of a case for failure to file a pre-trial brief, clarifying the fresh period rule and the binding effect of counsel's negligence.

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.

When a Holiday Should Stop a Judge From Dismissing a Case: Senarlo v. Paderanga

A judge who dismissed a case for non-appearance on a declared holiday was found liable for simple misconduct. Learn the rules on mediation, pre-trial, and dismissals.

Supreme Court Clarifies Plaintiff's Duty to Set Case for Pre-Trial After Answer

The Supreme Court affirms dismissal of a case for failure to prosecute, clarifying that plaintiffs must promptly set cases for pre-trial after the last pleading is filed.

When May a Court Excuse a Late Pre-Trial Brief? BPI v. Dando

The Supreme Court relaxed a mandatory procedural rule to let a bank pursue its collection suit, showing when courts may excuse a late pre-trial brief.

Striking a Balance When Justice Requires Flexibility in Procedural Rules

The Supreme Court explains when courts may relax mandatory procedural rules, using a bank's late pre-trial brief as the case in point.

When Failure to Appear at Pre-Trial Does Not Merit Dismissal: Lessons from Anson Trade Center v. Pacific Banki

The Supreme Court clarifies when a plaintiff's non-appearance at pre-trial may be excused, balancing procedural rules against substantial justice.

Judges Must Stay Abreast of Legal Developments: Lessons from Magpali v. Pardo

A judge's failure to know updated pre-trial rules constitutes gross ignorance of the law, warranting disciplinary action.

Witness Testimony and Pre-Trial Admissions Establishing Guilt in Illegal Recruitment Cases

How witness testimony and admissions established guilt in a large-scale illegal recruitment and estafa case involving a Japanese national.

Balancing Efficiency and Due Process: Admissibility of Additional Evidence After Pre-Trial

Philippine Supreme Court ruling on when courts may allow additional evidence after pre-trial without violating due process.

Due Diligence and Dismissal: Balancing Court Discretion and Litigant Rights in Pre-Trial Proceedings

Learn how Philippine courts balance judicial discretion with litigant rights in pre-trial proceedings, and what due diligence really means.