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Showing 337–360 of 379 articles for “petition”

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.

Challenging Ombudsman Decisions: Certiorari and Trial Suspension in the Philippines

Learn how Philippine courts handle Ombudsman decisions, certiorari petitions, and trial suspension rules in administrative cases.

Upholding Timeliness and Proper Verification in Labor Disputes: The Pfizer Case

The Supreme Court clarifies the 60-day rule for certiorari petitions and the standards for verification in labor cases.

Dismissal Based on Procedural Technicalities Ensuring Compliance With Court Rules

When the Court of Appeals dismisses a petition for technical deficiencies, the Supreme Court may uphold it. Learn the rules from this labor case.

Forum Shopping in Philippine Courts: When Filing Multiple Petitions Backfires

Philippine Supreme Court explains forum shopping through a barangay captain's dismissed petition against an Ad Hoc Committee.

Speedy Trial Rights: Government Delay Leads to Dismissal of Falsification Charges

Supreme Court rules Sandiganbayan must dismiss falsification cases after Ombudsman's decade-long delay violated petitioner's constitutional right to speedy disposition.

Retroactivity of Procedural Rules: Clarifying the Timeline for Certiorari Petitions

The Supreme Court clarifies that amended procedural rules on the 60-day certiorari period apply retroactively to pending cases.

Substantial Compliance Prevails: Due Process Over Procedural Lapses in Certiorari Petitions

SC rules substantial compliance with Rule 65 requirements can outweigh technical defects, protecting due process in certiorari cases.

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.

Dismissal for Non-Compliance: When Missing Documents Doom Your Appeal

Missing pleadings in a Rule 42 petition can get your appeal dismissed. Learn the mandatory attachment rules from Atillo v. Bombay.

Retroactive Application of Procedural Rules: Timely Filing of Certiorari Petitions in Labor Disputes

Learn how the Supreme Court applied A.M. No. 00-2-03-SC retroactively, allowing a late certiorari petition in a labor case to proceed.

Premature Legal Challenges: The Necessity of Actual Injury in Ancestral Land Claims

Philippine Supreme Court clarifies that courts require an actual injury before resolving ancestral land claim disputes, dismissing premature petitions.

Public Bidding vs. Right of First Refusal: Fair Competition in Government Asset Sales

Supreme Court ruling on how the right to top a bid undermines competitive public bidding in government asset sales.

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.

Failure of Election Petitions in the Philippines: What the Law Requires

Failure of election is a narrow remedy under Philippine law. Learn the grounds, the limits, and how Banaga v. COMELEC clarifies the rules.

Sandiganbayan Jurisdiction Over Special Civil Actions: The Abbot Ruling

When can the Sandiganbayan hear certiorari and prohibition petitions? The Supreme Court clarifies its expanded jurisdiction under RA 7975.

Partitioning Property Enforcing Court Orders AND Avoiding Delays

Learn how Philippine courts handle property partition when parties ignore orders, and why timing matters in certiorari petitions.

Default Orders and the Duty to Answer: Balancing Procedural Rules and Substantive Justice

When does a petition for certiorari excuse a defendant from filing an answer? The Supreme Court clarifies the rules on default orders.

Heir Disputes: When Courts Can Order Partition Instead of Estate Administration

Philippine Supreme Court ruling on when heirs may partition an estate without full administration proceedings, and when courts may convert petitions.

Standing to Sue: When Can a Neighboring Landowner Challenge a Fencing Permit?

A Supreme Court ruling clarifies who may question a fencing permit, explaining why neighboring lot owners lacked legal standing to file a certiorari petition.

Election Protest Deadlines: Why a Failure of Election Petition Won't Buy You More Time

Filing a failure of election petition does not suspend the 10-day period to file an election protest. Know the deadline rules.

Lost Philippine Citizenship: Why Filing Your Repatriation Petition in the Right Agency Is Crucial

Filing a repatriation petition in the wrong forum can void the entire process. Learn from the Supreme Court's ruling in Angat v. Republic.

SEC Jurisdiction in Suspension of Payments: Why Including Individuals Can Jeopardize Your Petition

Learn how including individual officers in a suspension of payments petition can affect SEC jurisdiction and jeopardize your company's rehabilitation case.

Retroactive Registration: How Late Filings Can Validate Labor Union Petitions in the Philippines

Philippine Supreme Court explains when late union registration can retroactively validate a certification election petition under labor law.