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Showing 193–216 of 361 articles for “procedure”

Substantial Compliance Prevails Upholding Justice Over Technicalities IN Appellate Procedure

SC rules substantial compliance with verification rules and corrects error on local business tax base—gross receipts, not gross revenue.

Judicial Overreach Strict Compliance Required IN Civil Registry Corrections

Philippine Supreme Court ruling on strict compliance with Rule 108 procedures for civil registry corrections and judicial overreach.

When Property Is Conjugal: Support Debts and the Right Appeal Route

A wife's attempt to shield a titled lot from execution for her husband's child support debt fails on procedure and property law.

Default Judgments in Ejectment Cases: Upholding Due Process and the Rules of Summary Procedure

Learn how the Supreme Court protects due process in ejectment cases, emphasizing strict adherence to procedural rules and the proper grounds for default judgments.

Judicial Due Process When Haste Makes Waste in Nullity Cases

Two judges fined for gross ignorance of procedure after rushing a marriage nullity case, depriving the husband of due process.

Sheriffs Must Follow Auction Sale and Redemption Rules Strictly

A sheriff's failure to follow Rule 39 procedures on auction sales and property redemption constitutes simple neglect of duty, warranting suspension.

Misrepresentation and Due Process in Seafarer Medical Claims: De Jesus v. POMI

The Supreme Court ruled that a seafarer's concealment of a prior ulcer did not bar medical claims, and that dismissal requires the contract's disciplinary procedure.

Default Judgments: Timely Filing Prevents Default Declaration

Learn the rules on default declarations in Philippine civil procedure and why filing an answer before default matters.

Judicial Accountability: The Price of Delay in Philippine Courts

A judge's three-year delay in deciding a summary procedure case leads to a P20,000 fine, reinforcing that justice delayed is justice denied.

Upholding Consumer Rights: Proper Procedure for Electric Service Disconnection in the Philippines

The Supreme Court ruled that electric cooperatives cannot disconnect a customer's service without prior notice and differential billing, even when meter tampering is suspected.

Medical Negligence and Res Ipsa Loquitur: Liability in Surgical Procedures

How the Supreme Court applied res ipsa loquitur to hold a surgeon liable for a patient's unexplained burn during childbirth.

Navigating Philippine Courts Why Procedure Matters AS Much AS Substance IN Appeals

The Supreme Court reminds litigants that technical rules yield to justice, especially when liberty hangs in the balance.

Indirect Contempt in the Philippines: Why Proper Procedure Matters in Wage Orders

A look at how the Supreme Court ruled on procedural lapses and the validity of Wage Order No. R02-03 in Metrobank v. NWPC.

Dismissed on a Technicality: Why Following Court Procedure Is Non-Negotiable in the Philippines

A bank's petition was dismissed for missing certified true copies. Learn why procedural rules matter in Philippine courts.

Substantial Compliance vs Strict Procedure: Negligence and Liability in Fire Incidents

A fire spreads from one food stall to another—who pays? The Supreme Court clarifies negligence, fortuitous events, and procedural rules.

Filing Supplemental Complaints in Philippine Courts: Timelines and Proper Procedure

Learn the rules on supplemental complaints in Philippine courts—timelines, procedure, and key principles from recent jurisprudence.

Substantial Compliance With Rule 42 Requirements: The Navalta Case on Procedural Rules

The Supreme Court rules that substantial compliance with Rule 42 petition requirements can cure technical defects, favoring merits over procedure.

Substantial Compliance in Appellate Procedure: Balancing Technical Rules and Justice

The Supreme Court relaxes technical rules in labor cases, allowing substantial compliance with Rule 65 and Rule 13 requirements.

Real Property Tax Refund: Illegality of Assessment and the Proper Claim Procedure

A Supreme Court ruling clarifies that an invalid real property tax ordinance entitles taxpayers to refunds, but claims must follow the Local Government Code's procedure.

Repatriation and Citizenship: Strict Requirements for Reacquiring Filipino Citizenship

Philippine Supreme Court clarifies strict requirements for repatriation under RA 8171, including political or economic necessity and proper procedure.

Untangling Appeal Deadlines: Why Missing a Memorandum Matters

A missed appeal deadline due to lawyer negligence can be fatal. Learn the rules on relief from judgment in Philippine civil procedure.

Substantial Compliance in Procedure and Jurisdiction Shifts in Intra-Corporate Disputes

Explaining Suzuki v. De Guzman on procedural rules, substantial compliance, and the transfer of intra-corporate jurisdiction from SEC to RTCs.

Prejudicial Question in Philippine Criminal Procedure: Suspends, Not Dismisses, Criminal Cases

Understand the prejudicial question doctrine in Philippine criminal procedure—how it suspends rather than dismisses criminal cases, with key rules.

Dismissal of Appeals: Why Following Court Rules Matters

Learn why the Supreme Court dismissed a petition for review from the Secretary of Justice's resolution, and the importance of following proper court procedures.