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Showing 265–288 of 346 articles for “motion”

Finality of Judgment: Court Warns Against Repeated Motions to Evade Execution

Supreme Court warns litigants against filing repeated motions to delay execution of final judgments, citing abuse of judicial processes.

Security of Tenure in the CES: Clarifying Eligibility and Reassignment Rights

The Court clarifies when a demotion amounts to constructive dismissal, the limits of CBA benefits for managerial employees, and retirement rights under the Labor Code.

Upholding Ejectment: The Finality of Judgments and Timeliness in Appeals

The Supreme Court affirms ejectment, stressing that a late motion for reconsideration fails to stop a judgment from becoming final and executory.

Proof of Service and Territorial Jurisdiction in Philippine Criminal Cases

Explaining Cruz v. Court of Appeals on proof of service requirements for motions and territorial jurisdiction over civil aspects of criminal cases.

Judicial Efficiency vs. Litigants' Rights: Resolving Motions Promptly

The Supreme Court admonished a judge for failing to resolve a pending motion for over a year, affirming that promptness applies even to interlocutory matters.

Upholding Procedural Rules: The Consequences of Failing to File on Time

A Supreme Court ruling shows why missing a filing deadline—and failing to prove a motion was sent—can cost a party its appeal.

Forgery Claims and Document Production: The Right to Examine Evidence in Court

When can a court deny a motion to examine documents for forgery? The Supreme Court clarifies the limits of judicial discretion.

Security of Tenure Prevails: Illegal Demotion and Due Process in Philippine Ports Authority Case

Explaining the Supreme Court ruling that a government employee cannot be demoted without cause and due process, even amid reorganization.

Security of Tenure Prevails: Illegal Demotion and Reinstatement Rights in the Philippine Ports Authority

SC ruling: a permanent appointee cannot be demoted without cause and due process; reinstatement and backpay differentials explained.

Finality of Judgment in Disbarment Cases: When a Lawyer Can No Longer Contest a Decision

The Supreme Court denies a disbarred lawyer's belated motion to reopen his case, reaffirming the doctrine of finality of judgment and punishing defiance of court orders.

Speedy Trial Rights: Motion for Reinvestigation and Waiver of Timeliness Claims

Philippine Supreme Court ruling on whether filing a motion for reinvestigation waives the right to claim speedy disposition of cases.

Judicial Accountability Balancing Independence AND Diligence IN Case Resolution

The Supreme Court clarifies that the 60-day period for filing certiorari is counted from receipt of the denial of a motion for reconsideration.

Double Jeopardy and Modification of Criminal Penalties: Protecting the Accused

The Supreme Court rules that courts cannot increase a convicted person's penalty on the prosecution's motion, citing double jeopardy protections.

When Judicial Delay Becomes Misconduct: The Cañada vs. Montecillo Case

A judge's 7-month delay in resolving a motion constitutes misconduct, even with heavy caseloads. Learn the constitutional deadlines.

Finality of Judgments: The Prohibition Against Second Motions for Reconsideration

Philippine law bars second motions for reconsideration. Learn how filing one can forfeit the right to appeal and make a judgment final.

Judicial Efficiency Addressing Delays IN Resolving Pending Motions

Judicial Accountability and Due Process in Issuing Restraining Orders and Execution of Judgments

Supreme Court ruling on judicial accountability, strict adherence to procedure in motions for reconsideration, and execution of judgments within prescriptive periods.

Finality Prevails: Reopening a BP 22 Case After Judgment

A Supreme Court ruling explains why a final BP 22 conviction cannot be reopened through a belated new trial motion or petition for relief.

When Courts Can Immediately Review Jurisdictional Issues Without a Motion for Reconsideration

Explore when Philippine courts may review jurisdictional issues without a prior motion for reconsideration, based on a 2001 Supreme Court ruling.

Psychological Incapacity in Marriage: Defining Utter Insensitivity Under Philippine Law

The Supreme Court clarifies that psychological incapacity requires grave, incurable personality disorders, not mere emotional immaturity or irresponsibility.

Raffle Promotions: When Overdue Accounts Disqualify Prize Winners

Supreme Court rules on when overdue accounts can forfeit raffle prizes in Mondragon International Philippines v. Blanco.

Upholding Judicial Efficiency: Timely Resolution of Motions in Estate Proceedings

The Supreme Court reminds judges that failing to resolve motions within 90 days is gross inefficiency, even in complex estate cases.

Defective Notice of Appeal and Due Process: Lessons from Fajardo v. Court of Appeals

A defective motion without notice of hearing is a scrap of paper; appeal period runs from counsel's receipt of judgment.

Motion for Reconsideration Exceptions in Certiorari Petitions: The Abraham Case

When is a motion for reconsideration not required before filing certiorari? The Supreme Court clarifies the exceptions in Abraham v. NLRC.