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Showing 241–264 of 379 articles for “petition”

Huibonhoa v. Concepcion: Forum Shopping and Moot Petitions in Philippine Litigation

The Supreme Court denied a petition as moot and academic but clarified the test for forum shopping in the 2006 case of Huibonhoa v. Concepcion.

Change of Name Petitions: Substantial Compliance with Jurisdictional Requirements

Supreme Court rules on change of name petitions, publication requirements, and jurisdictional compliance under Rule 103.

Dismissal of Appeals: Why Following Court Rules Matters

Learn why the Supreme Court dismissed a petition for review from the Secretary of Justice's resolution, and the importance of following proper court procedures.

Dismissed Appeal: Why Following Court Rules Matters in Philippine Litigation

A Supreme Court ruling shows why procedural rules matter: a Rule 43 petition wrongly filed against a DOJ resolution was dismissed.

Certiorari as an Improper Substitute for Appeal: A Primer on Philippine Procedural Remedies

Why a Rule 65 petition cannot replace a lost appeal, explained through the Supreme Court's ruling in Rigor v. Court of Appeals.

Negligence and the Binding Nature of Counsel's Errors: Understanding the Basuel v. FFIB Ruling

Learn why the Supreme Court dismissed a petition for certiorari, emphasizing that counsel's negligence and errors of judgment are not grounds for this remedy.

Supreme Court on Lost Appeals: Certiorari Cannot Replace a Missed Appeal

The Supreme Court rules that a petition for certiorari cannot substitute for a lost appeal, affirming dismissal of a case for procedural lapses.

When a Lawyer's Negligence Leads to Suspension: The Adecer v. Akut Case

A lawyer who misses the deadline for filing a client's petition for probation faces administrative liability, even if the client was also negligent.

Service of Summons on Corporate Employees: What Aboitiz v. PCIC Teaches About Jurisdiction

The Supreme Court clarifies when service of summons on a corporate employee is valid and why a Rule 38 petition for relief is not a substitute for appeal.

Dismissed on a Technicality: Why Your Signature Matters in Certifications Against Forum Shopping

A petition can be dismissed outright if a lawyer signs the certification against forum shopping. Learn the rule and how to avoid this fatal defect.

Lost Your Case ON A Technicality Understanding Verification AND Certification IN Philippine Courts

A Supreme Court ruling explains why failing to verify a petition or certify against forum shopping can end a case before it begins.

Certiorari Without Motion for Reconsideration: Exceptions Under Rule 65

Learn when Philippine courts allow a direct petition for certiorari without a prior motion for reconsideration, based on the PAL-PESALA case.

Habeas Corpus and Mootness: When Release Ends a Petition in Philippine Law

Philippine Supreme Court explains when a detainee's release renders a habeas corpus petition moot, with practical guidance.

Exhaustion of Administrative Remedies in CARP Exemption Cases: Lessons from Santos Development Corp.

A landowner's failure to follow DAR administrative procedures bars judicial relief, even in mandamus petitions. Learn the key rules.

Court of Appeals Cannot Stop a Writ of Possession Through a Standalone Injunction Petition

A buyer who fully paid for foreclosed condominium units cannot ask the Court of Appeals for a standalone preliminary injunction to stop a writ of possession. Jurisdiction rules explained.

Judicial Ethics and Procedural Rules: Lessons from Coca-Cola Bottlers v. Cabalo

A look at the Supreme Court's ruling on strict compliance with procedural rules in certiorari petitions and the importance of judicial ethics in the Philippines.

Fresh Period Rule Clarifying Timelines FOR Filing Certiorari Petitions IN Labor Disputes

Certification of Non-Forum Shopping: Why One Signature May Not Be Enough in Collective Labor Claims

A Supreme Court ruling clarifies that in collective claims, a certification against forum shopping signed by only one petitioner is insufficient unless expressly authorized.

Upholding Procedural Rules: Why Filing Deadlines Matter in Appeals

A Supreme Court ruling shows why missed appeal deadlines and improper certiorari petitions can lead to immediate eviction and demolition.

Double Jeopardy When A Prior Admission Seals Your Fate IN Court

A procedural misstep in filing a petition for review can end a case, but the Supreme Court shows when courts must be lenient.

Substantial Justice vs Procedural Rules: When Courts Relax the 60-Day Rule in Labor Cases

The Supreme Court explains when a late petition for certiorari may be excused, balancing procedural rules against substantial justice in labor disputes.

Certiorari Filing Deadlines: Why the 60-Day Rule Is Strict in Philippine Courts

Philippine courts strictly enforce the 60-day certiorari filing period under Rule 65. Learn why late petitions fail and how to avoid common pitfalls.

When an Employee's Signature Can Be Excused in a Labor Case: The Micro Sales Ruling

The Supreme Court clarifies when a co-petitioner's failure to sign a verification and certification on non-forum shopping can be excused in labor cases.

Substantial Compliance When Imperfect Filings Uphold Justice in Philippine Courts

Philippine Supreme Court clarifies when imperfect Rule 65 petitions may proceed despite technical defects, prioritizing substantive justice.