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Showing 433–456 of 614 articles for “heir”

Untangling Land Titles, Prescription, and the Rights of Heirs in Property Disputes

A Supreme Court ruling clarifies when heirs can recover property sold without their consent, and how prescription applies to constructive trusts.

Reinstatement Prevails: An Employee's Right to Their Former Position After Illegal Dismissal

Philippine Supreme Court affirms that illegally dismissed employees have a right to reinstatement to their former position, not just separation pay.

Partition Ends Co-Ownership: Mortgage on Divided Property Valid

Supreme Court rules that a deed of partial partition ends co-ownership, making a subsequent mortgage on an adjudicated property valid without other heirs' consent.

Upholding Court Integrity: A Clerk's Duty to Safeguard Records

A Supreme Court ruling reminds lawyers and court personnel that falsifying or mishandling official records is serious misconduct that can cost them their career.

Upholding Priority Rights: The Lessee's Right of First Refusal in Property Sales

Philippine Supreme Court ruling on a lessee's right of first refusal, its enforceability against heirs, and remedies for breach.

Land Transfer Knowledge vs Registration in Agrarian Reform: Heirs of Hidalgo

Why unregistered land sales before PD 27 do not exempt property from Operation Land Transfer coverage.

Breach of Barangay Settlement: Your Right to Rescind and Sue in Court

When a barangay settlement is breached, Philippine law gives the aggrieved party the right to rescind it and pursue their original claim in court.

Intestate Succession and Property Rights: Clarifying Inheritance Shares Under the Old Civil Code

A Supreme Court ruling clarifies when heirs truly own inherited property, and why a parent's lifetime transfer can defeat a compromise agreement's promised shares.

Future Inheritance vs Present Rights: Resolving Property Disputes Among Heirs

Philippine Supreme Court ruling on partition inter vivos, future inheritance, and validity of property transfers among heirs.

Motion to Dismiss and the Imperative of Clear Reasoning in Court Resolutions

Why courts must clearly explain their rulings, and how the Supreme Court applies this principle in civil procedure.

Estate Claims and Heir Liability: Filing Requirements and Partition Validity

Learn how the Supreme Court clarified Rule 16 on motion to dismiss resolution, estate claims, and heir liability in Lu Ym v. Nabua.

Contributory Negligence in Vehicle Accidents: How It Affects Damage Awards

Philippine Supreme Court explains how contributory negligence reduces damage awards in vehicle accidents, using the Lambert v. Heirs of Castillon case.

Local Government vs National Authority Defining Cable TV Franchising Powers

Supreme Court clarifies that only the NTC may grant cable TV franchises; local governments cannot exceed their regulatory powers.

Sheriffs Duty Enforcing Writs With DUE Notice AND Jurisdictional Respect

Philippine Supreme Court ruling on sheriffs' duty to give notice and coordinate with local sheriffs when enforcing writs outside their jurisdiction.

Who Represents the Republic: The Solicitor General's Exclusive Role Before the High Court

The Supreme Court clarifies that only the Solicitor General may represent government agencies before appellate courts, not their own legal offices.

Supreme Court: DBM Must Implement Judicial Rulings on Judges' Benefits

The Supreme Court directs DBM to release disability benefits to judges' heirs, affirming that judicial interpretation of law is final and binding.

Judicial Accountability: When Judges Face Administrative Complaints and Their Consequences

Explore the Supreme Court's ruling on judicial accountability, administrative complaints against judges, and when suspension or dismissal is warranted.

Barangay Conciliation Substantial Compliance Sufficient For Unlawful Detainer Cases

Substantial compliance with barangay conciliation suffices for unlawful detainer cases, even without pangkat proceedings, per Zamora v. Heirs of Izquierdo.

Clerks of Court as Notaries: Limits on Ex Officio Notarial Powers

Clerks of court are ex officio notaries, but their notarial powers extend only to official duties—not private documents.

When Can Heirs Sue for Partition: Co-Ownership Rules in Inheritance Disputes

Learn when heirs can demand partition of inherited property, the rules on co-ownership, and how Philippine courts resolve inheritance disputes.

Recovering Ill-Gotten Wealth: The State's Right to Sue Public Officials' Heirs

The Supreme Court affirms the State's right to recover ill-gotten wealth from the heirs of public officials, free from prescription, laches, or estoppel.

Implied Trust and Reconveyance: When a Lawyer Holds Property for a Brother's Heirs

The Supreme Court explains when a lawyer holds property in implied trust for family, and why laches did not bar the claim.

Option to Purchase vs Contract to Sell: Understanding Property Rights and Obligations

The Supreme Court clarifies the distinction between an option to purchase and a contract to sell, and the consequences of failing to comply with their terms.

Contract of Sale vs Contract to Sell: Clarifying Obligations in Property Transactions

Philippine Supreme Court clarifies distinctions between contract of sale and contract to sell, and their impact on property rights and obligations.