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Showing 121–144 of 379 articles for “petition”

Geographical Trademark AND Unfair Competition Protecting Business Identity IN Real Estate

Certiorari's Time Limits: Why Timeliness Matters in Seeking Legal Review

Learn why timeliness is critical in certiorari petitions and how courts treat revival of judgment actions under Rule 45.

When a Case Becomes Moot: The Peñafrancia Sugar Mill Ruling on Forum-Shopping

The Supreme Court dismisses Peñafrancia Sugar Mill's petition as moot after the SRA revoked the assailed sugar orders, explaining when courts abstain from deciding.

Breach of Public Trust Dismissal for Court Employee Defrauding Litigant

Court stenographer dismissed for grave misconduct after soliciting P65,000 from a litigant by falsely promising to fast-track an adoption petition.

CTA Jurisdiction Over Local Tax Disputes: The City of Manila v. Grecia-Cuerdo Ruling

The Supreme Court clarifies that the Court of Tax Appeals has jurisdiction over certiorari petitions questioning RTC interlocutory orders in local tax cases.

Unfair Competition Probable Cause: Supreme Court on Counterfeit Goods Evidence

Supreme Court rules on probable cause for unfair competition under the Intellectual Property Code, reversing dismissal of counterfeit goods case.

Trademark Infringement Search Warrants: Probable Cause in IP Cases Explained

Supreme Court clarifies the standard of probable cause for search warrants in trademark infringement and unfair competition cases under the IP Code.

Flexibility in Certiorari Petitions: Courts May Still Grant Extensions Despite Procedural Rules

Philippine Supreme Court clarifies that courts retain discretion to extend the 60-day period for certiorari petitions despite A.M. No. 07-7-12-SC.

Forum Shopping and Government Funds: Rallos v. City of Cebu on Execution of Judgments

The Supreme Court dismisses a contempt petition for forum shopping and clarifies rules on executing money judgments against local governments.

Illegal Dismissal Claims and the 60-Day Rule for Certiorari Petitions

Philippine Supreme Court clarifies when courts may extend the 60-day period to file certiorari petitions, and discusses forced resignation in illegal dismissal cases.

Protecting Trademarks: Unauthorized Refilling Constitutes Infringement And Unfair Competition

Unauthorized refilling of LPG cylinders bearing registered trademarks is trademark infringement and unfair competition, the Supreme Court ruled.

Choosing the Right Appeal: Rule 41 vs. Rule 42 in Property Disputes

The Supreme Court clarifies when to use an ordinary appeal versus a petition for review in property cases, emphasizing the importance of the correct mode of appeal.

Balancing Technical Rules and Justice When the Court of Appeals Must Review Cases on Merit

The Supreme Court clarifies that failure to attach all pleadings to a Rule 42 petition should not automatically result in outright dismissal.

Premature Naturalization Petitions: Strict Compliance With Filing Deadlines

The Supreme Court rules that filing a naturalization petition before the one-year waiting period ends is fatal, reversing a grant of citizenship.

Strict Compliance Required: The One-Year Rule in Philippine Naturalization Cases

The Supreme Court reaffirms that filing a naturalization petition before the one-year waiting period expires is fatal, even if the government participated in the proceedings.

Annulment of Judgment Protects Due Process in Property Disputes

Supreme Court clarifies that failure to state "extrinsic fraud" verbatim does not doom a petition for annulment of judgment.

Certiorari Limits: When Courts Can Review Administrative Decisions

The Supreme Court clarifies when courts may review administrative findings in certiorari petitions, using a Sandiganbayan graft case as the vehicle.

Hierarchy of Courts: Direct Filing of Certiorari, Prohibition, and Mandamus to the Supreme Court

The Supreme Court dismisses a direct petition for certiorari, prohibition, and mandamus, reaffirming the strict policy on the hierarchy of courts.

Invasion of Privacy, Diplomats, and the Limits of Official Duty

Philippine Supreme Court ruling on diplomatic residence privacy, damages for invasion of privacy, and procedural rules in Rule 45 petitions.

Bigamy Despite Annulment: Understanding Retroactive Effects and Marital Status

A sheriff's affair leads to suspension, clarifying how annulment petitions do not erase marital obligations or authorize new relationships.

Foreclosure vs Rehabilitation: When a Stay Order Takes Effect

A stay order in corporate rehabilitation does not undo a foreclosure completed before the petition. Ownership matters.

Balancing Security and Liberty: Substantial Evidence in Amparo and Habeas Data Cases

The Supreme Court clarifies the evidentiary standard for amparo and habeas data petitions, balancing national security concerns with individual liberty.

Balancing Security and Liberty: Understanding the Limits of Amparo and Habeas Data Petitions in the Philippine

The Supreme Court clarifies when amparo and habeas data writs may be granted, emphasizing substantial evidence over mere fears.

Untangling Time: When Does the Clock Start Ticking for Relief from Judgment?

Explaining the 60-day and 6-month periods for filing a petition for relief from judgment under Rule 38, as clarified by the Supreme Court in Commissioner of Internal Revenue v. Court of Tax Appeals an