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Showing 73–96 of 379 articles for “petition”

Procedural Rigidity vs Substantive Justice: Certiorari Petitions in Labor Disputes

The Supreme Court clarifies when strict procedural rules in certiorari petitions outweigh substantive justice in labor cases.

Dismissal Due to Technicality: Navigating Procedural Requirements in Labor Disputes

The Supreme Court affirms that strict compliance with procedural rules, like attaching certified true copies and stating material dates, is essential in certiorari petitions.

Hierarchy of Courts and Locus Standi When Constitutional Issues Override Procedural Rules

Explaining when the Supreme Court allows direct petitions despite the hierarchy of courts and relaxed standing rules in constitutional cases.

Bail and Res Judicata: Why an Interlocutory Order Does Not Bar a Second Bail Petition

The Supreme Court clarifies that res judicata does not apply to interlocutory orders like bail denials in criminal cases.

Separation of Church and State: Civil Courts Have Jurisdiction Over Marital Disputes

The Supreme Court clarifies that civil courts, not church tribunals, have jurisdiction over petitions for declaration of nullity of marriage.

Judicial Clemency and Attorney Reinstatement: The Torres Case and the High Bar for True Reform

The Supreme Court denied Atty. Torres's petition for judicial clemency, clarifying the strict requirements for reinstatement to the Philippine Bar.

Protecting Victims: How Family Can Petition for Protection Orders Under the Anti-VAWC Law

The Supreme Court clarifies that a victim's family can file for protection orders under the Anti-VAWC Law, even after a criminal complaint is dismissed.

Correcting Birth Certificate Entries: When Courts Lack Jurisdiction Under RA 9048

Philippine Supreme Court clarifies when correction of first name in birth certificate requires administrative remedy under RA 9048, not court petition.

Notarizing Without the Signatory: When a Lawyer's Carelessness Leads to a Permanent Notarial Ban

A lawyer who notarized a petition while the signatory was abroad was permanently barred from notarial commission. The Supreme Court explains why.

Writ of Possession After Tax Delinquency Sale: No Forum Shopping Certification Required

Supreme Court clarifies that a writ of possession petition after a tax delinquency sale is not an initiatory pleading, so no certification against forum shopping is needed.

Rule 45 Petitions: When the Supreme Court Will Not Review Factual Findings

The Supreme Court explains why factual findings of lower courts bind it, limiting Rule 45 review to questions of law.

Trademark Disputes: Unfair Competition and Prejudicial Questions in Philippine Law

The Supreme Court clarifies when civil trademark cases can suspend criminal prosecutions and how courts review prosecutorial findings on probable cause.

When Can a Sale Be Rescinded: Abuse of Rights in Business Contracts

Supreme Court ruling on how a manufacturer's unfair competition against its own distributor can give rise to damages under the Civil Code.

Upholding Procedural Rules: The Supreme Court on Proper Appeals in Legal Questions

The Supreme Court clarifies the rules on appeals, emphasizing that only questions of law may be raised in a petition for review on certiorari.

When a Case Withdrawal Backfires: The Co It Case on Finality and Justice

The Supreme Court reinstated a withdrawn petition after a promised family reconciliation failed, showing when final judgments may yield to substantial justice.

Res Judicata in Annulment of Judgments: Prior Relief Bars Subsequent Action

Philippine Supreme Court clarifies when a petition for annulment of judgment under Rule 47 is barred by a prior petition for relief.

Wrong Appeal Mode in Agrarian Cases: When Procedural Lapses Prove Fatal

The Supreme Court clarifies that appeals from agrarian courts must use Rule 42 petitions, not ordinary appeals, or the decision becomes final.

Forum Shopping in Annulment Cases: A Lawyer's Suspension and the Integrity of Legal Processes

A prosecutor's suspension for filing two marriage dissolution petitions in different courts highlights the strict rule against forum shopping.

Forum Shopping: Simultaneous Appeal and Annulment of Judgment Constitutes Abuse

Philippine Supreme Court rules that pursuing an appeal and a petition for annulment of judgment simultaneously constitutes forum shopping and may warrant contempt.

Valid Jurat and Proper Verification: Lessons from William Go Que Construction v. CA

A defective jurat in a verification and certification against forum shopping can doom a petition. Learn the rules on competent evidence of identity.

Breach of Trust Attorney Suspended for Misusing Client Funds and Violating the Code of Professional Responsibi

A lawyer's failure to return client funds after a bail petition was denied led to a one-year suspension for violating the Code of Professional Responsibility.

When Title Reconstitution Fails: Conflicting Claims and Enemy Property

The Supreme Court explains when a petition to reconstitute a lost title must be denied, using a World War II-era vesting order as key evidence.

Forum Shopping by Lawyers: Ethical Duty and the Price of Misconduct

A lawyer's filing of successive petitions constituted forum shopping, resulting in a six-month suspension from the practice of law.

Annulment of Judgment in the Philippines: Grounds, Strict Rules, and the CA Petition Defects

Learn the strict grounds for annulment of judgment under Rule 47 and why the Supreme Court upheld dismissal of a defective petition.