Search results
Results from the WOW.Com Content Network
Philippine Court of Appeals Justices are under the administrative supervision of the Supreme Court of the Philippines, and may be disciplined by Disbarment or dismissal from service, under the Revised Rules of Court (1997 Code of Civil Procedure). Also, the Philippine Court of Appeals' "Process of Adjudication" is governed by A.M. No. 02-6-13 ...
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
[4] [1]: 48–49 Appeals from lower courts are taken on certiorari. [1]: 66–67 Appellate jurisdiction over various matters can be increased by the Philippine Congress in agreement with the court. [1]: 48 Internal session hall. The court's powers allow it to create new law without requiring precedent, and on which its decision is final.
Pursuant to the Constitution, the Court of Appeals "reviews not only the decisions and orders of the Regional Trial Courts awards, judgments, final orders or resolutions of, or authorized by administrative agencies exercising quasi-judicial functions mentioned in Rule 43 of the 1997 Rules of Civil Procedure, plus the National Amnesty Commission ...
Specific performance is almost never available for contracts of personal service, although performance may also be ensured through the threat of proceedings for contempt of court. An injunction, often concerning confidential information or real property, is a type or subset of specific performance and is one of the more commonly-used forms of ...
Thus, while the Civil Code seeks to govern all aspects of private law in the Philippines, a Republic Act such as Republic Act No. 9048 would concern itself with a more limited field, as in that case, the correction of entries in the civil registry. Still, the amendment of Philippine legal codes is accomplished through the passage of Republic Acts.
The right of substitution, where applicable, may be exercised by criminal and juvenile defendants and all parties in a civil action.Substitution for cause can be for any bias a judge may have in the case, such as an association with a party (family, friendship or even stock ownership), having made vocal comments in the past on the topic at trial, etc.
Most countries make a clear distinction between civil and criminal procedure. For example, a criminal court may force a convicted defendant to pay a fine as punishment for their crime, and the legal costs of both the prosecution and defence. But the victim of the crime generally pursues their claim for compensation in a civil, not a criminal ...