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Showing 6505–6528 of 18,235 articles for “supreme court”

Clerks of Court and the Rule on Exhaustion of Administrative Remedies in Reassignment Cases

A reassignment order in government service must be challenged through administrative remedies first. The Supreme Court explains why.

Presumption of Marriage Overcomes Lost Records in Philippine Law

Philippine Supreme Court ruling on how lost marriage records affect proof of marriage, presumption of marriage, and bigamy claims.

Treachery and Conspiracy in Philippine Murder Cases: What the Supreme Court Said

A 2014 Supreme Court ruling explains how treachery and conspiracy establish guilt in murder cases. Learn the rules and practical takeaways.

Writ of Possession in Foreclosure: Ministerial Duty vs. Third-Party Claims

When is a writ of possession ministerial and when can third-party claims block it? The Supreme Court clarifies in Marquez v. Alindog.

Protecting Women and Children: Upholding the Constitutionality of Temporary Protection Orders

The Supreme Court affirms that ex parte Temporary Protection Orders under RA 9262 do not violate due process, protecting women and children from violence.

Exhausting Administrative Remedies: Why Public Servants Must First Seek Internal Solutions

Public servants must exhaust administrative remedies before going to court. The Supreme Court explains why in Ejera v. Merto.

Clerks of Court and Simple Neglect of Duty: The Migriño Case on Delayed Execution

The Supreme Court held a Clerk of Court liable for simple neglect of duty for delays in scheduling and executing a final judgment, affirming that court personnel must act with diligence.

Certiorari as a Remedy: Challenging Small Claims Court Decisions in the Philippines

Can a final small claims decision be challenged? The Supreme Court clarifies when certiorari under Rule 65 is the proper remedy.

Upholding Public Trust Accountability for Misappropriated Court Funds and Neglect of Duty

Court personnel who mishandle judiciary funds face dismissal or suspension, as the Supreme Court reaffirms strict accountability for clerks of court.

Upholding Integrity in Public Service: Liability for Misappropriation of Court Funds

Supreme Court ruling on court personnel liability for fund misappropriation, neglect of duty, and dishonesty in public service.

Annulment of Judgment: When a Lawyer's Negligence Is Not Extrinsic Fraud

Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud for annulment of judgment under Rule 47.

Writ of Possession in Foreclosure: Ministerial Duty of Courts Explained

Philippine Supreme Court clarifies the ministerial duty of courts to issue writs of possession in extrajudicial foreclosure, and the binding effect of prior judgments.

VAT Refunds: Strict Compliance With the 120+30 Day Rule and Invoicing Requirements

Philippine Supreme Court clarifies the mandatory 120+30 day rule for VAT refund claims and invoicing requirements in Commissioner of Internal Revenue v. Toledo Power Company.

Legal Compensation in Philippine Law: When Can Debts Be Offset?

Philippine law on legal compensation explained through a Supreme Court case on contingent obligations and when debts can be offset.

The Ministerial Duty Securing Property Possession After Foreclosure in the Philippines

Philippine Supreme Court clarifies a sheriff's ministerial duty to enforce writs of execution in ejectment cases and the limits of that duty.

Annulment of Judgment: Extrinsic Fraud Must Be Caused by the Adverse Party

The Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud for annulment of judgment under Rule 47.

Extrinsic Fraud and Annulment of Judgment: What Litigants Must Know

The Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud, and explains the strict requirements for annulling a final judgment under Rule 47.

Breach of Fiduciary Duty Banks Must Uphold Transparency in Trust Accounts

Philippine Supreme Court ruling on Land Bank v. Oñate clarifies banks' fiduciary duties, transparency obligations, and liability for undocumented trust account withdrawals.

When Remand Limits Amendments: Damages in Expropriation Cases

Supreme Court rules on when courts may allow amended complaints after remand in eminent domain cases, protecting property owners' rights.

Unjust Enrichment When Illegal Contracts Require Restitution

The Supreme Court explains when the in pari delicto doctrine yields to the public policy against unjust enrichment in illegal contracts.

Family Code Compromise Rule: When Courts Cannot Dismiss Family Suits Motu Proprio

Supreme Court clarifies that failure to allege compromise efforts under Article 151 is a waivable defect, not grounds for motu proprio dismissal.

SEC Suspension Order as Defense in B.P. 22 Cases: Gidwani v. People

Supreme Court rules SEC suspension of payments order excuses check dishonor under B.P. 22, reversing conviction of corporate officer.

Premature Foreclosure: Protecting Mortgagors' Rights Before Default

Philippine Supreme Court rules that foreclosing a mortgage before the debtor defaults on the principal loan is void and ineffectual.

Illegal Strikes and Employee Rights: What the Supreme Court Actually Said

A Supreme Court ruling on illegal strikes shows how the right to strike is protected but never absolute, and how participation can carry consequences.