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Showing 1–17 of 17 articles for “rules of court”

Circumstantial Evidence and Murder Conviction: Proving Guilt Beyond Reasonable Doubt

The Supreme Court explains when circumstantial evidence suffices to convict for murder, applying the Rules of Court standard.

Procedural Rigidity vs Substantial Justice: Navigating the Rules of Court in COA Appeals

A Supreme Court ruling on Fortune Life Insurance clarifies why strict compliance with Rule 64 deadlines and proof of service requirements is mandatory in COA appeals.

Expert Testimony Admissibility and the Courts' Discretion in Evidence

When can courts disqualify an expert witness? The Supreme Court clarifies that only specific grounds under the Rules of Court justify exclusion.

Perfecting Appeals Strict Compliance With Rules OF Court IS Mandatory

Learn how the Supreme Court ruled on writs of possession, third-party adverse claims, and strict procedural compliance in extrajudicial foreclosures.

Dismissed Appeal: The Perils of Non-Compliance with Rules of Court

A dismissed appeal shows why strict compliance with Rule 44 on appellant's briefs is mandatory, not optional.

Conviction for a Different Crime: When Courts Can Convict You of an Uncharged Offense

Philippine Supreme Court explains when a conviction for an offense not charged in the Information is valid under the Rules of Court.

When Attached Property May Be Sold Before Judgment: China Banking Corp. v. Asian Construction

The Supreme Court clarifies when attached properties may be sold before final judgment under Rule 57, Section 11 of the Rules of Court.

FAX Transmissions Are Not Electronic Evidence: MCC Industrial Sales v. Ssangyong

The Supreme Court clarifies that ordinary fax transmissions are not electronic evidence under R.A. 8792, but photocopies may still be admitted under the Rules of Court.

The Imperative of Presence Dismissal for Absent Parties in Philippine Pre-Trial Proceedings

Learn how Philippine courts handle absent parties in pre-trial and when dismissal is proper under the Rules of Court.

Who Can Answer a Request for Admission? Rule 26 and Legal Representation

Philippine Supreme Court clarifies whether a lawyer may answer a request for admission for a client under Rule 26 of the Rules of Court.

Service of Resolutions When DOJ Rules Prevail Over the Rules of Court

When do DOJ rules on service of resolutions override the Rules of Court? The Supreme Court clarifies in Tam Wing Tak v. Makasiar.

Access to Justice: Litigating as a Pauper in Philippine Courts

Explaining how indigent litigants can sue or defend for free in Philippine courts under the Rules of Court, with practical guidance.

Attorney Neglect, Due Process, and Accountability in Philippine Legal Representation

Philippine Supreme Court ruling on attorney negligence, due process, and accountability in legal representation under the Rules of Court.

Expropriation and Writ of Possession: What the 1997 Rules Changed

Learn how the 1997 Rules of Court streamlined expropriation, making writs of possession ministerial upon deposit of assessed value.

Res Judicata in Philippine Courts: When a Prior Dismissal Bars a Refiled Case

Learn when a dismissed case bars refiling under res judicata in Philippine courts, and how dismissal without prejudice works under the Rules of Court.

Extrajudicial Foreclosure Venue: Why Judges Must Follow Act 3135, Not the Rules of Court

A judge's fine for gross ignorance of the law clarifies that extrajudicial foreclosure venue follows Act 3135, not general venue rules.

Excessive Bail in the Philippines: Limits and Your Rights Under the Rules of Court

A Supreme Court ruling explains when bail becomes excessive and what judges must consider. Learn your rights.