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Showing 241–264 of 572 articles for “writ”

Agency and Authority: Why a Written Mandate Is Paramount in Real Estate Sales

Philippine Supreme Court ruling on why an agent's authority to sell land must be in writing, or the sale is void.

Writ of Possession and Foreclosure: When a Threat to Foreclose Does Not Vitiate Consent

Supreme Court ruling on extrajudicial foreclosure, simulated contracts, and why a threat to enforce a legal claim does not vitiate consent.

Mortgage Validity and Writ of Possession: Upholding Contracts Absent Vitiated Consent

Philippine Supreme Court ruling on writ of possession in foreclosure, contract validity, and consolidation of cases explained in plain language.

Spousal Consent in Conjugal Property Disposition Under the Family Code

The Supreme Court explains why a spouse cannot sell conjugal property without the other's written consent, and what buyers must verify.

Written Stipulation Is Paramount: Examining Interest Rate Agreements in Loan Contracts

The Supreme Court clarifies when interest rates bind borrowers and when the 12% legal rate applies instead.

Fixed Price Contracts: No Recovery for Unapproved Additional Costs

Philippine Supreme Court ruling on fixed lump-sum contracts: contractors cannot recover additional costs without written approval under Article 1724.

Fixed Price Contracts NO Extra PAY Without Written Approval FOR Construction Changes

Philippine Supreme Court ruling on fixed price contracts: no extra pay for construction changes without written approval. Learn the rules.

Partnership Disputes: Proving a Partnership Without a Formal Agreement

When no written partnership contract exists, courts look to conduct and circumstances. This case shows how to prove or disprove an informal partnership.

Christmas Bonus in the CBA: When a Gratuity Becomes a Demandable Obligation

The Supreme Court held that a Christmas bonus written into a collective bargaining agreement is a binding obligation, not a mere act of employer generosity.

Command Responsibility and the Writ of Amparo: Clarifying the Scope of Protection

The Supreme Court clarifies that command responsibility has little bearing in amparo proceedings, which determine accountability, not criminal liability.

Ejectment Case Recall of Writ of Execution Due to Supervening Event

When can a court recall a writ of execution in an ejectment case? The Supreme Court explains the rule on supervening events.

Tenant's Right of Redemption: Written Notice Is Mandatory in Agrarian Reform Cases

Philippine Supreme Court rules written notice to tenant and DAR is mandatory before redemption period can run under agrarian reform law.

Tenant's Right of Redemption: Written Notice Requirement and the Perils of Wrong Appeal Remedy

Supreme Court clarifies tenant redemption rights require written notice, and errors in appeal mode are fatal to agrarian cases.

Tenant's Right of Redemption: Written Notice Is Key in Agrarian Reform

Supreme Court ruling on tenant redemption rights under RA 3844 and the importance of written notice in agrarian reform cases.

Writ of Possession in Extrajudicial Foreclosure: No Certification Against Forum Shopping Required

Learn why the Supreme Court ruled that an ex parte petition for a writ of possession is not an initiatory pleading, so no certification against forum shopping is needed.

When Is a Statement an Admission? Lessons from a Prawn Feed Dispute

A Supreme Court ruling clarifies when a written statement counts as an admission and when corporate officers can be held personally liable.

Enforced Disappearance and Government Accountability: The Writ of Amparo Explained

The Supreme Court clarifies the writ of amparo as a protective remedy against enforced disappearance, distinguishing responsibility from accountability.

Right to Travel vs Public Interest: Examining the Scope of the Writ of Amparo

The Supreme Court explains why the writ of amparo cannot question travel restrictions such as hold departure orders issued in pending criminal cases.

Fraudulent Inducement and Preliminary Attachment When Allegations Mirror the Cause of Action

When fraud is both the ground for attachment and the core of the complaint, only a counter-bond can discharge the writ.

Amparo and Property Rights: Clarifying the Boundaries of Protection

The Supreme Court clarifies that amparo and habeas data writs protect life, liberty, and security—not property disputes.

Parol Evidence Rule and Commitment Fees: Norton Resources v. All Asia Bank

When a written contract is clear, courts will not look beyond its four corners. The parol evidence rule explained.

Contractual Obligations: Interpreting Intent and the Parol Evidence Rule in Loan Agreements

When a loan agreement's terms are clear, courts enforce the written word—not verbal promises. The Supreme Court explains why in Norton Resources v. All Asia Bank.

Handwriting Analysis and Election Disputes: Protecting the Sanctity of the Ballot

The Supreme Court clarifies when handwriting analysis may invalidate ballots in election protests, stressing that no two persons write alike.

When Loan Restructuring Terms Must Be in Writing: The Marcopper Case

A Supreme Court ruling on why unwritten conditions in loan restructuring cannot be enforced, and the binding nature of written agreements.