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Showing 289–312 of 361 articles for “procedure”

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.

Certiorari Under the New SEC Rules: Challenging Interlocutory Orders

The Supreme Court clarifies that certiorari, not appeal, is the proper remedy for interlocutory orders under the New SEC Rules of Procedure.

Upholding Speedy Justice: Disciplinary Action for Undue Delays in Ejectment Cases

Supreme Court disciplines judge for violating summary procedure rules through repeated postponements in an ejectment case, reaffirming that justice delayed is justice denied.

Proper Procedure and Due Diligence in Judicial Issuance of Warrants of Arrest

A judge's duty to independently determine probable cause before issuing warrants, explained through a Philippine Supreme Court ruling.

Dismissal From Government Service: The Scope of Reorganization and Due Process

Understand when a government employee's dismissal falls under reorganization rules, not regular civil service procedure, and why timing matters.

Upholding Judicial Efficiency: The Consequences of Delay in Case Resolution

A judge's four-month delay in deciding a summary procedure case leads to a fine, reinforcing the constitutional right to speedy disposition of cases.

Supreme Court Fines Judge for Delay, Upholding Right to Speedy Disposition of Cases

The Supreme Court fined a judge P5,000 for deciding a summary procedure case four months late, reaffirming the constitutional right to speedy disposition of cases.

Judge Fined for Delay: The Duty to Decide Cases Promptly Under Summary Procedure

A judge's four-month delay in deciding a forcible entry case violated the Rules on Summary Procedure and the constitutional right to speedy disposition.

Judicial Accountability: Neglect of Duty vs Malicious Delay in Summary Procedure Cases

A judge's overzealous document review caused delay in summary procedure cases, resulting in a fine for neglect of duty.

Invalid Promulgation of Judgment: When Philippine Courts Fail to Follow Procedure

Philippine Supreme Court explains what makes a valid promulgation in absentia and when the accused's right to appeal accrues.

Due Process and Eyewitness Identification: Safeguarding Fair Trials in Philippine Courts

How Philippine courts test eyewitness identification for impermissible suggestion, and why due process demands fair procedures in criminal trials.

Ad Placement Errors: When a Publisher Is Not Liable for Non-Publication

Learn from David v. Manila Bulletin when a newspaper is not liable for a failed obituary ad, and how proper ad placement procedures protect both parties.

No Bail Hearing A Judge's Costly Mistake and Your Rights in Philippine Criminal Procedure

A judge who grants bail in a capital offense without a hearing commits gross ignorance of the law. Learn your rights.

Battling Court Delays: Understanding Summary Procedure Violations in the Philippines

A judge's fine for granting extensions and delaying a forcible entry case—what the Supreme Court ruling means for speedy justice.

Pleading Pitfalls: How Incorrect Wording in Rape Informations Can Impact Penalties in the Philippines

Learn how defective wording in rape informations can affect penalties, based on Philippine Supreme Court rulings on criminal procedure.

Minor Docket Fee Deficiency: Supreme Court Upholds Justice Over Strict Procedure in Appeals

Learn how the Supreme Court ruled that a P5.00 docket fee deficiency, caused by court error, should not automatically dismiss an appeal.

Unlawful Search and Seizure: How Procedural Errors Can Overturn Drug Convictions in the Philippines

When police break procedure, drug convictions fall. Learn how the Supreme Court acquitted two accused in People v. Leodones.

Escheat of Unclaimed Bank Deposits in the Philippines: Procedure and Due Process

Learn how Philippine escheat law works for unclaimed bank deposits, why publication is required, and why certiorari cannot replace a missed appeal.

Sheriff Misconduct and Accountability: Lessons from Ignacio v. Payumo

A deputy sheriff's failure to follow court-approved procedures for writ execution led to a misconduct ruling and fine.

Lis Pendens and Summary Procedure: Key Lessons from Sta. Lucia Realty v. Court of Appeals

Learn how the Sta. Lucia Realty case clarifies the prohibition on petitions for relief from judgment in forcible entry cases under the Revised Rule on Summary Procedure.

Deadlines Matter: Understanding the 30-Day Rule for Court Decisions in Philippine Summary Procedure

A judge's 30-day deadline under the Revised Rules on Summary Procedure is mandatory—delays draw fines, as this administrative case shows.

Qualified vs Simple Rape in Philippine Law: The Importance of Clear Charges

Why the Supreme Court downgraded a death sentence for qualified rape to simple rape, and what it means for criminal procedure.

Habeas Corpus Appeals in the Philippines: The 15-Day Rule Explained

The Supreme Court confirmed that habeas corpus appeals now follow the 15-day period under the 1997 Rules of Civil Procedure, replacing the old 48-hour rule.

Speedy Justice: Understanding Judicial Efficiency and the Rule on Summary Procedure

A judge's one-year delay in disposing cases under the Rule on Summary Procedure results in administrative liability for inefficiency.