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Showing 313–336 of 379 articles for “petition”

Psychological Incapacity in Annulment Cases: What to Allege in a Petition

Learn what a petition for annulment based on psychological incapacity must allege, and when forum shopping rules apply, from this Philippine Supreme Court case.

When a Final Conviction Can Be Corrected: Habeas Corpus and Illegal Penalties

A habeas corpus petition fails because a conviction was final, but the Court corrects an impossible penalty imposed by the trial court.

The Indispensable Hearing Safeguarding Rights in Bail Petitions

A Supreme Court ruling reminds trial courts that bail in capital offenses requires a full hearing, not just a motion.

Retroactivity of Remedial Laws: Clarifying the Period for Filing Certiorari Petitions

The Supreme Court clarifies when the 60-day period for filing certiorari petitions is counted, applying amended procedural rules retroactively.

Perjury Unmasked: False Statements in Naturalization Petitions Remain Actionable Despite Withdrawal

Withdrawing a naturalization petition does not erase perjury liability for false statements already made under oath, the Supreme Court ruled.

Substantial Compliance vs Strict Adherence: Certiorari Dismissal and Employer Liability in Illegal Dismissal

SC ruling on strict Rule 65 compliance for certiorari petitions, plus joint liability of corporate officers in illegal dismissal cases.

Corporate Rehabilitation Stockholder Approval: When a Majority Vote Suffices

Philippine Supreme Court clarifies when corporate rehabilitation petitions need only majority stockholder approval, not two-thirds vote.

Attorney Negligence Failure to File Petition Leads to Suspension

A lawyer's failure to file a petition for certiorari within the reglementary period constitutes negligence warranting suspension from the practice of law.

Procedural Technicalities vs Substantial Justice: Reinstating a Petition Dismissed on Technical Grounds

When can courts overlook procedural lapses? The Supreme Court clarifies that substantial justice prevails over mere technicalities in this 2003 ruling.

Weighing Evidence in Psychological Incapacity Cases Under Article 36

A Rule 45 petition questioning psychological incapacity findings raises questions of fact, not law, the Supreme Court rules.

Dismissal for Procedural Lapse: The Importance of Stating Material Dates in Certiorari Petitions

Learn why failing to state material dates in a Rule 65 certiorari petition can lead to outright dismissal, as shown in Lapid v. Laurea.

Petition for Review Is the Proper Appeal Mode for Agrarian Just Compensation Cases

Learn why the Supreme Court ruled that appeals from Special Agrarian Courts must be taken by petition for review, not ordinary appeal.

Certiorari Denied: Why the Wrong Appeal Mode Kills Your Case

Learn why the Supreme Court dismissed a petition for certiorari as a wrong remedy, and how choosing the right appeal mode matters.

Union Registration Mixed Composition Bars Legal Standing In Labor Disputes

A union with mixed supervisory and rank-and-file members lacks legal personality to file petitions in labor disputes.

Electoral Justice Imperiled When Judges Overstep In Voter Inclusion Cases

When a judge grants voter inclusion petitions without hearing, the integrity of elections and judiciary suffers. A Supreme Court ruling explains why.

Who May Nullify a Bigamous Marriage? The Supreme Court’s Ruling in Quirit-Figarido v. Figarido

Only the aggrieved or injured innocent spouse may petition to nullify a bigamous marriage. The guilty spouse cannot seek nullity to remarry.

Judicial Accountability: Fines for Sheriffs Who Skip Raffle in Foreclosure Cases

Supreme Court fines sheriffs P1,000 each for failing to raffle an extrajudicial foreclosure petition, underscoring strict compliance with court procedure.

Safeguarding Liberty: The Mandatory Hearing Rule in Bail Petitions for Capital Offenses

A judge's duty to hold a bail hearing for capital offenses is mandatory, even when the prosecution fails to present evidence, as shown in this administrative case.

When a Lawyer's Missed Deadline Costs a Client's Case: Ramos v. Dajoyag

A lawyer's failure to file a petition on time is negligence, not excusable error. Learn the duty of diligence.

Sticking to the Rules: Why Proper Document Submission Matters in Appeals

A petition for review before the Court of Appeals must include a certified true copy or duplicate original of the assailed decision. Failure to comply means outright dismissal.

Supreme Court Enforces Deadlines in Certiorari Petitions and Compromise Judgments

Learn how the Supreme Court enforced strict deadlines in compromise agreements and clarified rules on certiorari petitions and execution of judgments.

Unfair Competition VS Parallel Importation Balancing Intellectual Property Rights AND Free Trade

Mootness in Administrative Cases When Dismissal Renders Judicial Review Unnecessary

When the Ombudsman dismisses administrative charges, a pending petition questioning a preventive suspension order becomes moot. The Supreme Court explains.

Untimely Appeals When Procedural Rules Trump Agrarian Justice

The Supreme Court denied two agrarian petitions for missing deadlines and lacking standing, showing procedural rules bind even CARP cases.