Category Archives: Remedial Law

Whether NLRC has contempt power and whether the dismissal of a contempt charge is appealable?

On the first issue, we stress that under Article 218[22] of the Labor Code, the NLRC (and the labor arbiters) may hold any offending party in contempt, directly or indirectly, and impose appropriate penalties in accordance with law. The penalty … Continue reading

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Motion to quash and Provisional Dismissal Distinguished and Compared

Quashal v. Provisional Dismissal Motion to Quash A motion to quash is the mode by which an accused assails, before entering his plea, the validity of the criminal complaint or the criminal information filed against him for insufficiency on its … Continue reading

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A pending petition for certiorari/review on certiorari questioning the denial of the motion to dismiss before the higher courts does not at all suspend the trial proceedings of the principal suit

Estrellita’s refusal to file an answer eventually led to the loss of her right to answer; and her pending petition for certiorari/review on certiorari questioning the denial of the motion to dismiss before the higher courts does not at all … Continue reading

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To protect the accused’s constitutional right to due process the Court outlines the proper steps to be taken before deeming the right to present evidence as waived

The rule in point is Section 15, Rule 119, of the Revised Rules of Court, viz: Section 15. Demurrer to evidence. – After the prosecution has rested its case, the court may dismiss the case on the ground of insufficiency … Continue reading

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An acting appointee has no cause of action for quo warranto against the new appointee

An acting appointee has no cause of action for quo warranto against the new appointee The Rules of Court requires that an ordinary civil action must be based on a cause of action,[63] which is defined as an act or … Continue reading

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When questions of constitutional significance are raised, the Court can exercise its power of judicial review only if the requisites are present

When questions of constitutional significance are raised, the Court can exercise its power of judicial review only if the following requisites are present: (1) the existence of an actual and appropriate case; (2) the existence of personal and substantial interest … Continue reading

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The acts of a quasi-judicial officer like DOJ Secretary may be assailed by the aggrieved party via a petition for certiorari and enjoined

On March 3, 2000, then Secretary of Justice Artemio Tuquero (Secretary Tuquero) dismissed the PDI Staff’s Petition for Review of the Resolution of the City Prosecutor.[11]  Secretary Tuquero rejected the argument of therein petitioners that the complaint should be dismissed … Continue reading

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