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Showing 193–216 of 379 articles for “petition”

Unfair Competition: Likelihood of Confusion vs. Actual Deception in Philippine Trademark Cases

Philippine Supreme Court clarifies that unfair competition requires actual intent to deceive, not just confusing similarity, and explains the proper remedy for DOJ rulings.

Forum Shopping Prohibition Filing Separate Actions FOR THE Same Relief Results IN Dismissal

Filing both an appeal and a certiorari petition over the same RTC orders is forum shopping. The Supreme Court explains why both cases were dismissed.

Certiorari Denied: Why Skipping a Motion for Reconsideration Kills Your Appeal

Skipping a motion for reconsideration before filing a Rule 65 certiorari petition can be fatal. Learn the rules from a 2008 Supreme Court case.

Relief From Judgment Not Available in the Supreme Court: Purcon v. MRM Philippines

The Supreme Court explains why a petition for relief from judgment under Rule 38 cannot be filed in the High Court.

When Lawyers Cite Cases That Do Not Exist: G.R. No. 276106 and the Duty of Candor

The Supreme Court denied a labor petition and ordered an investigation of counsel who cited eighteen decisions that were nonexistent, misquoted, or ruled against his client.

Navigating Appeals in Estate Settlements: Avoiding Forum Shopping Pitfalls

Learn when Philippine courts allow separate appeals and certiorari petitions in estate cases without committing forum shopping.

Divorce by Faskh: New Grounds After a Prior Dismissal Is Not Barred by Res Judicata

Philippine Supreme Court ruling on when a dismissed divorce by faskh petition does not bar a new one due to new grounds.

Overseas Litigants and the Verification Requirement: Balancing Rules With Reality

The Supreme Court rules that a variance in dates between a petition and its verification is not fatal when overseas litigants act in good faith.

When Mootness Ends a Case: The ZTE-NBN Project Dispute Before the Supreme Court

The Supreme Court dismissed the consolidated petitions against the ZTE-NBN project as moot after the government abandoned the deal, explaining key limits on judicial power.

Certiorari vs Appeal: Choosing the Right Path for Legal Review in the Philippines

Learn when to file a petition for certiorari versus an appeal under Rule 45, explained through a Philippine Supreme Court labor case.

Motion for Reconsideration: The Indispensable Step Before Certiorari in Labor Cases

Learn why exhausting remedies like a motion for reconsideration is vital before filing a certiorari petition in Philippine labor disputes.

Substantial Compliance and Corporate Authority in Forum Shopping Certifications: A Philippine Guide

Explains when a belated secretary's certificate can cure a defective corporate verification in Philippine court petitions, citing the YMCA v. Remington ruling.

Partitioning Inherited Land: Why Lost Title Proceedings Need Due Process for Co-Owners

Learn why a lost title petition was voided when the owner's duplicate was actually held by buyers, and what co-owners must know about due process.

Certiorari Dismissal: The Strict Requirements for Filing Petitions in Philippine Courts

The Supreme Court affirms that certiorari petitions must attach certified true copies of assailed orders—mere xerox copies will lead to dismissal.

Reconstitution of Title: When Insufficient Proof Blocks Restoration of a Lost Land Title

The Supreme Court denied a petition to reconstitute a lost Torrens title because the owner failed to prove a certificate of title was ever issued in the first place.

Certiorari Dismissed Untimely Appeals AND THE Finality OF Judgments

Explore how the Supreme Court upheld the dismissal of a Rule 65 petition, reinforcing the finality of judgments and the limits of certiorari.

Register of Deeds Cannot Re-Annotate Liens Omitted from Reconstituted Titles

Supreme Court rules Register of Deeds lacks authority to re-annotate liens omitted from reconstituted Torrens titles; court petition required.

Navigating the Court Hierarchy When Directly Appealing to the Supreme Court in the Philippines

Philippine Supreme Court clarifies when direct petitions for certiorari are allowed, emphasizing the doctrine of hierarchy of courts.

Rehabilitation Proceedings: The "Serious Financial Situation" Requirement for Corporate Recovery

Philippine Supreme Court clarifies the "serious situation test" for corporate rehabilitation petitions under the Interim Rules, citing Pryce Corporation v. Court of Appeals.

Bidding Required Government Contracts Must Ensure Fair Competition

Philippine Supreme Court clarifies when public bidding is mandatory for government service contracts and why negotiated awards violate fair competition.

Retroactivity of Remedial Laws: Fresh 60-Day Period in Certiorari Petitions

Philippine Supreme Court explains why curative procedural rules apply retroactively, giving litigants a fresh 60-day period to file certiorari petitions.

Who Can Nullify a Bigamous Marriage? The Supreme Court's Answer

The Supreme Court rules that only the aggrieved or injured innocent spouse may petition to nullify a bigamous marriage—not the guilty party.

Forum Shopping Certification and Verification Defects: Strict Compliance in Philippine Courts

A defective certification against forum shopping and verification can get a petition dismissed. Learn the strict rules from Gabriel v. Court of Appeals.

Motion for Reconsideration: An Essential Step Before Certiorari

Learn why the Supreme Court requires a motion for reconsideration before filing a petition for certiorari, and the exceptions to this rule.