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Showing 337–360 of 572 articles for “writ”

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.

Sheriff's Duty to Execute Writs: Lessons from Malsi v. Malana

A sheriff's failure to promptly execute a writ and file periodic returns constitutes simple neglect of duty, warranting suspension.

Establishing Filiation: How Informal Writings Can Prove Paternity in the Philippines

Philippine Supreme Court ruling on how handwritten letters can establish paternity and filiation of illegitimate children under the Family Code.

Authority to Prosecute: The Necessity of Proper Authorization in Filing Criminal Informations

A state prosecutor without proper written authority cannot validly file criminal charges. Learn from the Supreme Court's ruling in Turingan v. Garfin.

Writ OF Possession Ministerial Duty VS Redemption Rights IN Foreclosure Sales

Writ OF Possession THE Ministerial Duty OF Courts IN Foreclosure Cases

Lease Purchase Agreements Ownership Rights and Remedies in the Philippines

Philippine Supreme Court ruling on when a writ of possession may issue in lease-purchase disputes, explained for lay readers.

When a Writ of Possession Does Not Follow a Win in an Interpleader Case

A Supreme Court ruling explains why winning an interpleader case does not automatically entitle the winner to a writ of possession.

Protecting the Right to Vote: Why Philippine Courts Scrutinize Ballot Invalidations Based on Handwriting

The Supreme Court reminds election tribunals that ballots presumed valid cannot be invalidated as "written by one person" without checking assisted-voting records.

Sheriffs' Neglect of Duty: Upholding Timely Justice in Philippine Courts

When sheriffs delay executing court writs, justice fails. This case explains the duty to act promptly and the penalties for neglect.

Land as Attorney’s Fees: Enforcing Written Contracts for Legal Services in the Philippines

Philippine courts uphold written attorney’s fee contracts, even those paid in land, provided the essential elements of a valid contract are present.

Is 24% Interest Legal in the Philippines? Bacolor v. Banco Filipino Explained

The Supreme Court in Bacolor v. Banco Filipino ruled that a 24% annual interest rate agreed upon in writing is not usurious or unconscionable.

Loan Foreclosure in the Philippines: Why Written Contracts Matter

A Supreme Court ruling shows why written loan terms govern foreclosure. Learn key lessons from Baluyut v. Poblete.

Writ of Possession in Land Registration: Protecting Actual Possessors' Rights in the Philippines

Explain when courts may issue a writ of possession in land registration cases and why actual possessors under claim of ownership are protected.

Construction Contract Disputes: Why Written Agreements and Arbitration Decisions Matter

A Supreme Court ruling on construction disputes shows why written agreements and final arbitration decisions matter in Philippine law.

Deadlines Matter: A Sheriff's Duty for Timely Writ of Execution Returns in the Philippines

Philippine Supreme Court ruling on a sheriff's mandatory 30-day duty to return writs of execution, with penalties for delay.

Court Sheriffs and the Cost of Delay: Lessons from Flores v. Gatcheco

A Supreme Court ruling shows how a sheriff's failure to execute a writ and obey court orders led to fines, forfeiture of benefits, and a bar on government re-employment.

Judicial Efficiency vs Due Process: Balancing Speed and Fairness in Case Resolution

A sheriff's failure to implement a writ shows how judicial efficiency and due process must be balanced in Philippine courts.

Sheriffs Duty Balancing Execution OF Writs AND DUE Process

A sheriff must execute writs promptly, but skipping the sheriff's return can still draw administrative liability for simple neglect.

Sublease Rights: When Lessor's Written Consent Is Not Required

Philippine Supreme Court clarifies when a lessee may sublease without the lessor's written consent, distinguishing sublease from assignment of rights.

Balancing Land Rights When A Writ OF Possession Encounters Prior Ownership Claims

Interest on Loans and the Necessity of Written Agreements for Enforceability

Philippine Supreme Court ruling on double sales, good faith, and why written contracts matter for property and loan enforceability.

Writ OF Possession Validity OF Mortgage NOT A BAR TO Issuance

Heirs' Rights: Written Notice Is Key for Legal Redemption in Extrajudicial Settlements

Philippine Supreme Court ruling: publication of an extrajudicial settlement does not bind non-participating heirs, and written notice is required before legal redemption.