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Showing 97–120 of 379 articles for “petition”

Clerk of Court Notarial Authority: Limits on Ex-Officio Powers in Appeals

Supreme Court clarifies clerks of court cannot notarize appeal pleadings; improper verification warrants dismissal of petition for review.

Corporate Rehabilitation Venue and Joint Petitions Under Philippine Law

The Supreme Court clarifies venue rules for corporate rehabilitation and disallows joint petitions by separate corporations under the Interim Rules.

When a Lawyer Can Challenge a Court Order: The Rule 65 "Aggrieved Party" Exception

Explaining when a lawyer can file a certiorari petition despite not being a party, based on a 2016 Supreme Court ruling.

Disbarment for Forgery and Misrepresentation in Marriage Nullity Case

Supreme Court disbars lawyer who filed nullity petition without client's consent, forged signature, and misrepresented herself as counsel.

Certiorari and Finality: When Courts Can Still Modify NLRC Decisions

The Supreme Court clarifies that a timely Rule 65 petition prevents an NLRC decision from becoming final and executory, allowing appellate modification.

Untimely Filing: Strict Adherence to Procedural Rules in Labor Disputes

A three-day delay doomed a petition in a labor case, as the Supreme Court reaffirmed that the 60-day

Strict Appeal Deadlines: Supreme Court Upholds Dismissal of Late Certiorari Petition

The Supreme Court affirms that the 60-day period for filing a petition for certiorari is strict and mandatory, dismissing a three-day late appeal.

Reinstatement to the Bar: Proving Remorse and Reformation After Disbarment

The Supreme Court denies a disbarred lawyer's petition for reinstatement, clarifying the strict standards for proving remorse, reformation, and fitness to rejoin the Bar.

Fatal Omission: Why the People Must Be Parties in Challenges to Search Warrants

Learn why the Supreme Court ruled that the People of the Philippines is an indispensable party in certiorari petitions challenging search warrants.

Stringent Compliance is Key: Reconstitution of Torrens Title Requires Strict Adherence to Law

The Supreme Court reiterates that judicial reconstitution of lost Torrens titles demands strict compliance with RA 26, or the petition fails.

Perfecting Appeals and the Strict Rules on Judicial Reconstitution of Torrens Titles

The Supreme Court reminds courts that petitions for judicial reconstitution of lost Torrens titles demand strict compliance with RA 26.

Appeal Bonds and the 60-Day Certiorari Rule: When Substantial Justice Cannot Save a Late Petition

The Supreme Court clarifies that the 60-day period for filing a petition for certiorari is jurisdictional and cannot be extended for mere lawyer workload.

Substantial Justice vs. Procedural Rules: When Late Certiorari Petitions Are Dismissed

The Supreme Court clarifies when the 60-day certiorari period may be relaxed, and why heavy workload is not a valid excuse.

CTA Has Exclusive Power Over Certiorari in Local Tax Cases, SC Rules

The Supreme Court clarifies that the CTA, not the CA, has exclusive jurisdiction over certiorari petitions assailing RTC interlocutory orders in local tax cases.

Untimely VAT Refund Claims Strict Adherence To Prescriptive Periods

The Supreme Court clarifies strict prescriptive periods for VAT refund claims, denying Northern Mindanao Power Corporation's petition for late and premature filings.

Reconstitution of Torrens Titles: Strict Compliance and the Hierarchy of Courts

A petition to reconstitute a lost Torrens title must strictly follow RA 26; wrong remedy and forum doom the case.

Good Faith vs Actual Knowledge: Resolving Land Disputes in the Philippines

Philippine Supreme Court ruling on finality of judgments, petitions for relief, and banks' duty of diligence in land mortgage disputes.

Indispensable Parties: Due Process in Criminal Appeals Before the CA

The Supreme Court rules on why the People must be impleaded in certiorari petitions before the Court of Appeals.

Lawyer's Neglect of Client's Case Warrants Reprimand, Not Disbarment

Lawyer who failed to file immigration petition for client receives reprimand from Supreme Court for violating professional responsibility rules.

Deceptive Imitation: Unfair Competition Claims Without Trademark Registration

Learn how the Supreme Court upheld an unfair competition claim against sellers of counterfeit medicated oil, even without trademark registration.

Attorney Suspended 3 Years for Neglect and Misrepresentation in Adoption Case

Lawyer suspended three years for taking fees but failing to file adoption petition and misleading client about its status.

Unfair Competition Copying and Employee Recruitment As Unjust Business Practices

When does copying a rival's products and hiring its employees become unfair competition under Philippine law? The Supreme Court explains.

Strict Rule 42 Compliance Required: The Magsino Case on Petition for Review Dismissals

Philippine Supreme Court affirms dismissal of petition for review for failure to attach required pleadings under Rule 42, clarifying rules on appeal.

Treble Costs Under Rule 65: When Courts May Penalize Frivolous Petitions

The Supreme Court clarifies that treble costs under Rule 65 are discretionary, requiring clear justification, not automatic penalties.