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Showing 385–408 of 614 articles for “heir”

Premature Partition: Estate Settlement Before Property Distribution

When heirs can and cannot demand partition of a decedent's property before estate settlement proceedings are completed.

Reckless Imprudence and Civil Liability: How a Plea Bargain Affects Damages Beyond the Criminal Penalty

A plea to a lesser offense does not erase civil liability for the death caused by reckless imprudence, as heirs may still recover full damages.

Probation and Electoral Eligibility: Resolving Conflicts Between the Probation Law and Local Government Code

The Supreme Court clarifies that probationers who have not served their sentence are not disqualified from running for local office under the Local Government Code.

Timeliness Matters: Questioning Labor Execution Orders Beyond the Deadline

A Supreme Court ruling on why workers who questioned a labor execution writ beyond the 10-day period lost their claim.

Intestate Succession and Laches: Protecting Heirs' Rights to Family Property

Philippine Supreme Court ruling on heirs' rights to inherited property, extrajudicial settlement validity, and when laches cannot bar succession claims.

Heirs Rights Substituting A Deceased Devisee Without Prior Estate Administration

Learn when heirs may substitute a deceased devisee in probate without a court-appointed administrator, under Philippine rules.

Co-Ownership Lost by Sale: Acquired Title Prevails Over Unasserted Heirship

When siblings sell inherited land without one heir, the buyer's 30-year possession can defeat the omitted heir's claim. Here's why.

Bound by Your Lawyer’s Mistakes? Client Responsibility Under Philippine Law

Philippine courts generally hold clients responsible for their lawyers' negligence. Only gross negligence that deprives a client of due process warrants relief.

Landowner Retention Rights Under PD 27 and RA 6657: Heirs of Griño Case

The Supreme Court clarifies when a landowner may retain agricultural land under PD 27 and RA 6657, and the limits on heirs' retention claims.

Upholding Integrity: Disciplining Court Employees for Misconduct Outside Official Duties

The Supreme Court suspended a court stenographer for one year for moonlighting, showing judiciary staff may be disciplined for acts outside their official duties.

Sellers Beware: Ethical Duties When Assigning Property Rights You Don't Fully Own

A lawyer-seller assigned a townhouse he hadn't fully paid for. The Supreme Court suspended him for three years, reminding sellers of their ethical duties.

Protecting Your Inheritance: Why Heirs' Consent Matters in Estate Partition

Learn how the Supreme Court protects heirs' inheritance rights in estate partition, and why an administrator's failure to follow the decedent's will amounts to extrinsic fraud.

When Void Contracts Cannot Support Ejectment: Republic v. La'o

Philippine Supreme Court ruling on void contracts under RA 3019 and their effect on ejectment cases and property rights.

Missed Deadlines, Lost Liberty: When Lawyer Negligence Costs Clients Their Freedom

A lawyer's missed 15-day deadline cost clients their liberty. The Supreme Court suspends Atty. Akut for six months for negligence.

Protecting Your Inheritance: Co-Ownership and Prescription in Philippine Property Law

Learn how Philippine law protects co-owners from prescription and laches, and the rules on legal redemption when a co-heir sells property.

Default Doesn't Mean Victory: Why Plaintiffs Still Need Evidence in Philippine Courts

A default order doesn't guarantee a win. Philippine courts still require plaintiffs to prove their case by preponderance of evidence.

Receivers' Duty to Preserve Sequestered Assets: Lessons from Republic v. Benedicto

When the PCGG sequestered Benedicto's golf club shares, unpaid dues led to their auction. The Court ruled receivers must preserve asset value.

Bound by Your Lawyer's Mistakes: Client Responsibility in Philippine Courts

A Supreme Court ruling on reconveyance, implied trusts, and why clients are bound by their counsel's procedural lapses.

Client Bound by Lawyer's Negligence: Finality of Judgments in Philippine Courts

Philippine Supreme Court ruling on how clients are bound by their counsel's actions, finality of judgments, and limits of certiorari.

Judicial Efficiency: A Judge's Duty to Expedite Case Resolution and Avoid Undue Delay

The Supreme Court reminds judges of their duty to expedite proceedings, ruling that prolonged arraignment delays violate the constitutional right to speedy trial.

Unraveling Presumptions: How Philippine Courts Determine Marital Status and Inheritance Rights

Philippine courts rely on presumptions to decide marital status and inheritance. Learn how from a Supreme Court case on disputed marriages and heirs.

Succession in Lease Agreements: Heirs' Obligations and Contractual Liabilities

Philippine Supreme Court ruling on lease succession, heirs' obligations, and contractual liabilities in property sales with boundaries.

Contractual Obligations: When Agreed Interest Rates in Land Sales Are Upheld

The Supreme Court upheld a 24% annual interest rate in an installment land sale, ruling that parties are bound by their contract absent any legal prohibition.

Probationary Employment in Academia: Ateneo's Right to Set Standards for Faculty Retention

Explaining the Supreme Court ruling that universities may set their own standards for probationary faculty retention, and how the Manual of Regulations for Private Schools applies.