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Showing 97–120 of 142 articles for “default”

Extraterritorial Service of Summons: Due Process for Non-Resident Defendants

Philippine courts must strictly comply with rules on extraterritorial service of summons before declaring non-resident defendants in default.

Ensuring DUE Process THE Obligation TO Provide Notice IN Default Judgments

Default Judgments and Proper Notice: Lessons from DBP v. Perez

A 2004 Supreme Court ruling clarifies when default judgments are valid and why notice requirements protect due process in Philippine courts.

Default Orders and Due Process: The SSS Case on Lifting Defaults

A default order isn't automatically lifted by invoking due process. Learn the strict requirements for setting it aside.

When Payment Defaults Threaten Property Rights: Understanding Rescission in Real Estate Sales

A buyer's failure to pay the full purchase price can lead to contract rescission, even after years of partial payments. Learn the rules.

Default Judgments and Due Process: Ensuring Fair Notice in Legal Proceedings

Learn how the Supreme Court protects due process in default judgments, emphasizing fair notice and the proper remedy for appealing decisions.

Default Judgment and Bank Liquidation: Interest and Penalty Liabilities Explained

A defaulting party cannot raise new defenses on appeal. Learn the limits of relief from default judgments in bank liquidation cases.

Guarantors' Reimbursement Rights When Premature Payment Nullifies Recourse

When a guarantor pays before the debtor's default is established, it may lose the right to reimbursement from the principal debtor.

Default Judgments When Absence Doesnt Make THE Case GO Away

Certiorari Cannot Substitute for a Lost Appeal in Factual Review Cases

Supreme Court clarifies certiorari cannot replace appeal; default orders for repeated pre-trial absences upheld.

When Judges Fail the Bar: Default Orders and the Duty to Notify

A judge's failure to furnish defaulted parties with court orders violates judicial conduct rules, resulting in a fine.

Guaranty vs Direct Liability: Who Pays the Debt When Loans Go South

Philippine law distinguishes guaranty from direct liability. Learn who pays when a borrower defaults and what this means for creditors and guarantors.

Challenging Nullity Decrees When Improper Summons Invalidates A Marriage Annulment

When a marriage annulment is granted by default without proper summons, the judgment may be void for lack of jurisdiction over the respondent spouse.

Liberal Interpretation of Rules in Default Judgments: Bahia Shipping v. Mosquera

When can courts relax procedural rules? The Supreme Court explains in Bahia Shipping v. Mosquera why substantial justice prevails over technicalities.

Client Inaction and Legal Default: When Silence on Attorney's Fees Backfires

A client's failure to act on a lawyer's billing can lead to default judgment. Learn the rules on attorney's fees and res judicata.

Surety Bonds and Legal Interest: When Default Makes a Surety Pay More Than the Bond

Philippine Supreme Court ruling on when a defaulting surety must pay 12% legal interest on top of the bond amount.

Summons Served Court Jurisdiction Established Despite Procedural Flaws

Philippine Supreme Court clarifies when defective summons service still gives courts jurisdiction over defendants, and when default orders are improper.

Default Judgments Are Disfavored: Lessons from Go v. Tan on Procedural Liberality

When can Philippine courts set aside a default judgment? Go v. Tan explains the rule on procedural liberality and the importance of hearing cases on the merits.

Debt Default by a Sheriff: Ethical Standards in Public Service Through Reprimand

A sheriff's unpaid personal debt leads to reprimand, clarifying that willful failure to pay just debts violates civil service rules.

Timely Justice Reckoning Deadlines In Default Order Motions

Learn how the 90-day period for resolving motions is counted, based on a Supreme Court ruling on default orders.

Debt Default by Public Servants: Upholding Ethical Standards in Government Employment

Court rules on public servants' willful failure to pay just debts, clarifying administrative liability under civil service rules.

Due Process in Default and Garnishment Orders: Lessons from Mutilan v. Adiong

A Philippine Supreme Court ruling reminds judges and litigants that default and garnishment orders require notice and proof of service to satisfy due process.

Authenticating Evidence When Hearsay Testimony Undermines Insurance Claims

A Supreme Court ruling on hearsay and unauthenticated documents in a default judgment, and its impact on insurance claims.

Lifting Default Orders: Balancing Justice and Timeliness in Land Registration

Philippine Supreme Court ruling on when courts may lift a general default order in land registration cases, requiring proof of fraud, accident, or excusable neglect.