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Showing 313–336 of 524 articles for “closure”

Trade Secrets vs Discovery: Balancing Business Confidentiality and Legal Rights in Philippine Courts

Philippine Supreme Court ruling on when trade secrets are privileged from compulsory disclosure in civil discovery proceedings.

Understanding Forum Shopping and Writ of Possession in Philippine Foreclosure Law

The Supreme Court clarifies forum shopping, real party-in-interest rules, and the ministerial nature of writs of possession in extrajudicial foreclosures.

Writ of Possession as Ministerial Duty: Rayo v. Metrobank on Due Process Limits

The Supreme Court affirms that a writ of possession after extrajudicial foreclosure is a ministerial duty, even if issued ex parte. Learn the limits of due process claims.

Foreclosure Surplus Mortgagors Right TO Excess Proceeds VS Unsecured Debts

Unjust Enrichment in Foreclosure: A Mortgagee's Duty to Return Excess Proceeds

The Supreme Court ruled that a bank must return surplus proceeds from an extrajudicial foreclosure sale and cannot unilaterally apply them to unsecured debts.

Writ of Possession Annulment Case Does NOT Halt Ex Parte Issuance

The Supreme Court affirms that a pending annulment of foreclosure sale does not stop the ex parte issuance of a writ of possession.

Proving Land Claims in the Philippines: What a Foreclosure Redemption Case Teaches

A Supreme Court ruling on foreclosure redemption clarifies how blanket mortgage clauses affect land claims and property disputes in the Philippines.

Business Closure Due to Fire: Employer Prerogative vs. Employee Rights

When fire destroys a business, can employees claim illegal dismissal? The Supreme Court explains the rules on closure and separation pay.

Mandatory Foreclosure: GFIs Must Verify Borrower Payments Before Proceeding

Supreme Court ruling on P.D. 385: government financial institutions must verify borrower payments before mandatory foreclosure.

RES Judicata Preventing Repeated Litigation IN Foreclosure Cases

When Foreclosure Becomes Inevitable: Understanding the Limits of Injunctive Relief

A Supreme Court ruling clarifies when courts cannot stop a government bank's foreclosure, and why a completed sale makes an injunction pointless.

Writ of Possession Ministerial After Foreclosure, But Not Against Non-Parties

Philippine Supreme Court clarifies that writ of possession is ministerial after foreclosure consolidation, but cannot oust compulsory heirs who were not parties to the foreclosure.

Navigating Traffic: MMDA Authority and the Limits of Executive Action on Metro Manila Bus Terminals

The Supreme Court ruled on the limits of MMDA authority and executive power in ordering the closure of provincial bus terminals along EDSA.

Equitable Mortgage VS Absolute Sale Protecting Property Rights IN Disguised Transactions

The Supreme Court nullifies a bank's foreclosure on property mortgaged without the owner's authority, reinforcing strict rules on special powers of attorney.

Condonation in Foreclosure: Defining the Scope and Effect of Debt Forgiveness

The Supreme Court clarifies when condonation of a deficiency after foreclosure takes effect and its scope, with practical lessons for debtors and creditors.

Writ of Possession and Third-Party Rights: Protecting Possessory Interests in Foreclosure Sales

When can a foreclosure sale purchaser evict a third-party possessor? The Supreme Court explains limits on writs of possession.

Duty to Republish Notice in Extrajudicial Foreclosure: A Sheriff's Essential Obligation

Philippine Supreme Court clarifies that rescheduling an extrajudicial foreclosure sale requires republication of the notice, or the sale is invalid.

When Foreclosure Looms Upholding Rights Despite Procedural Delays

A judge's premature order canceling bail without hearing amounts to simple misconduct, not gross ignorance of law.

Writ OF Possession Ministerial Duty VS Redemption Rights IN Foreclosure Sales

Writ OF Possession THE Ministerial Duty OF Courts IN Foreclosure Cases

Prescription in Mortgage Foreclosure: When the Clock Starts Ticking in the Philippines

Philippine Supreme Court clarifies that the 10-year prescriptive period for mortgage foreclosure runs from default, not from the mortgage date.

Forum Shopping in the Philippines: How to Avoid Dismissal of Your Case

Learn what forum shopping means in Philippine law, its elements, and how to avoid case dismissal through proper certification and disclosure.

Redemption Denied: Why Tender of Payment Is Crucial in Philippine Foreclosure Cases

Philippine Supreme Court explains why a borrower must actually tender payment to redeem foreclosed property—not just file a case.

Judicial Redemption in Philippine Foreclosures: Why Tender of Payment Matters

Philippine Supreme Court clarifies that filing a judicial redemption case without tendering payment may forfeit the right to redeem foreclosed property.