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Showing 25–48 of 107 articles for “recovery”

Lis Pendens and Ill-Gotten Wealth: Protecting Public Interest Through Property Notices

The Supreme Court reinstates a notice of lis pendens on Marcos property, clarifying how procedural rules serve, not defeat, the recovery of ill-gotten wealth.

State Immunity vs Private Rights: Balancing Public Use and Just Compensation

When government agencies take private property without expropriation, state immunity cannot block claims for just compensation and recovery of possession.

Just Compensation Beyond Market Value: Ensuring Fair Recovery in Expropriation Cases

The Supreme Court affirms that just compensation in expropriation cases may exceed market value, including consequential damages for remaining property.

Over Recovery Refunds Ensuring Fair Electricity Rates FOR Consumers

Explains NEECO I v. ERC on electric cooperative over-recovery refunds, system loss caps, and consumer rate protection.

Relaxation of Procedural Rules When Justice Demands Flexibility in Government Land Recovery

Supreme Court clarifies that in unlawful detainer cases, failure to file an answer warrants judgment based on the complaint's allegations alone.

Overcoming Technicalities: Republic's Right to Recover Ill-Gotten Wealth

Supreme Court rules procedural lapses should not defeat the state's recovery of ill-gotten wealth, reversing Sandiganbayan dismissal.

Piercing the Corporate Veil: When Debt Recovery Fails Against Corporate Officers

The Supreme Court clarifies when creditors can hold corporate officers personally liable for corporate debts under the alter ego doctrine.

Foreclosure Deficiencies: The Bank's Burden of Proof in Loan Recovery

In Metrobank v. CPR Promotions, the Supreme Court ruled that a bank must prove the exact deficiency amount after foreclosure, or lose its claim.

Res Judicata in Property Recovery Cases: What the Supreme Court's Lee v. Chong Ruling Means

The Supreme Court clarifies how res judicata bars repeated claims over the same property, even when a new case is framed differently.

Torrens Title Imprescriptibility and Recovery of Possession: Supapo v. De Jesus

Supreme Court rules Torrens title holders can recover possession anytime; registered land cannot be acquired by prescription or adverse possession.

Res Judicata vs Ownership Claims: Understanding Property Disputes in the Philippines

A forcible entry ruling does not bar a later ownership-based recovery case. Learn the key distinctions from a 2014 Supreme Court decision.

Rehabilitation Proceedings: Balancing Creditor Rights and Corporate Recovery

Philippine Supreme Court clarifies creditor participation rights in corporate rehabilitation appeals, balancing recovery goals with due process.

Ill-Gotten Wealth, Close Association with Marcoses, and Asset Recovery: A Legal Primer

Learn how Philippine courts define "ill-gotten wealth," prove close association with the Marcoses, and recover assets under sequestration laws.

Loss of Earning Award Deleted: Final Decisions and Double Recovery in Philippine Seafarer Claims

Supreme Court clarifies that final judgments bind parties, but double recovery for loss of earning capacity is barred when disability compensation already paid.

Res Judicata in Corporate Rehabilitation: Balancing Creditor Rights and Economic Recovery

The Supreme Court clarifies res judicata and stay order rules in corporate rehabilitation, balancing creditor rights with economic recovery.

Sandiganbayan Jurisdiction Over Private Individuals in Marcos Ill-Gotten Wealth Cases

The Supreme Court rules the Sandiganbayan has jurisdiction over private individuals in cases involving recovery of Marcos ill-gotten wealth.

Fair Trial vs Judicial Efficiency: Balancing Rights in Marcos Era Asset Recovery

How Philippine courts balance fair trial rights against judicial efficiency in complex asset recovery cases from the Marcos era.

Rehabilitation vs Secured Interests: Balancing Creditor Rights in Corporate Recovery

Philippine Supreme Court ruling on how corporate rehabilitation balances secured creditors' rights with the need for equal treatment and recovery.

Finality of Judgments and Why Proper Appeals Matter in Philippine Law

Explaining the Supreme Court ruling on bid price inadequacy, deficiency recovery, and why timely appeals protect final judgments.

Demurrage Recovery in the Philippines: How Subrogation Protects Payers

Learn how legal subrogation allows an indent representative to collect demurrage from a defaulting buyer, as ruled by the Supreme Court.

Agrarian Dispute vs Recovery of Possession: Jurisdiction in Philippine Land Cases

When does a land dispute fall under DARAB jurisdiction? The Supreme Court clarifies the line between agrarian disputes and ordinary recovery of possession cases.

When Illegal Dismissal Claims of Probationary Employees Fall Outside DARAB Jurisdiction: Del Monte Philippines

The Supreme Court clarifies DARAB jurisdiction over agrarian disputes, distinguishing recovery of possession cases from tenurial controversies under RA 6657.

Ejectment and Land Ownership: What a Torrens Title Means for Property Owners in the Philippines

The Supreme Court explains how registered owners can eject tolerated occupants, why laches does not bar recovery, and the limits of ownership claims in ejectment cases.

Void Contracts and Recovery: The Good Faith Exception Under Article 1412

When a contract is void for illegality, can an innocent party recover what was paid? Magoyag v. Maruhom explains the good faith exception.