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Showing 553–572 of 572 articles for “writ”

Premature Writ of Demolition: Due Process and the Sheriff's Duty in Philippine Execution

When can a sheriff implement a writ of demolition, and what happens when a motion for reconsideration is pending? The Supreme Court's ruling in A.M. No. P-98-1268 offers guidance.

Unwritten Company Policy and Illegal Dismissal: The Bangloy Case

Can an employee be fired under an unwritten policy? The Bangloy case shows why written, communicated rules are vital in Philippine labor law.

Writ of Possession in Expropriation: When Demolition Is Implied | Philippine Law

In expropriation cases, a writ of possession can include the power to demolish structures. Learn the rule from Knecht v. Desierto.

Sheriff's Duty and Time Limits for Enforcing a Writ of Possession in the Philippines

Explaining the 60-day rule for enforcing writs of possession, the effect of court orders, and a sheriff's liability for delay.

Missed Deadlines Lost Power Understanding Constitutional Limits on Sequestration in the Philippines

A writ of sequestration must be issued and served within 18 months, and a case filed within 6 months, or the order is automatically lifted.

Buyer Beware Inheriting Obligations IN Philippine Property Foreclosures

Philippine Supreme Court ruling on property foreclosures: buyers may inherit seller's obligations to installment buyers, even without written contracts.

Immediate Execution in Ejectment Cases: Why Delaying Tactics Won't Work

Learn how the Supreme Court enforces immediate execution in ejectment cases and why delaying tactics like motions for reconsideration won't stop a writ.

When Can You Appeal a Writ of Execution? NLRC Jurisdiction Explained

Learn when the NLRC can review a writ of execution, and how an execution that varies a final judgment may still be appealed.

Res Judicata and Writs of Possession: Protecting Property Rights in Foreclosure Disputes

A writ of possession is not a judgment on the merits, so it does not bar a later action to annul a foreclosure. Learn the rule.

Sheriff Misconduct in Execution of Judgment: When Enforcing a Writ Goes Wrong

A sheriff who took judgment debtors' property for himself and the creditor was dismissed for gross misconduct. Learn the rules on execution sales.

Foreclosure Rights Understanding Redemption Periods AND Legal Recourse IN THE Philippines

Philippine Supreme Court ruling on writs of possession in extrajudicial foreclosure when tenants occupy the property.

Third-Party Liability Insurance: Filing Claims and Solidary Liability in the Philippines

Learn how Philippine courts treat third-party liability insurance claims, the requirement to file written notice, and why insurers are not solidarily liable with tortfeasors.

Sheriffs Authority Avoiding Abuse IN Writ OF Execution Enforcement

Sheriffs' Duty in Executing Writs of Attachment: Lessons from NBI v. Tuliao

A sheriff who leaves attached property with the debtor or creditor violates Rule 57. Learn the proper way to execute writs of attachment.

Mortgage Foreclosure Surplus: Mortgagor Rights to Excess Bid Proceeds in the Philippines

Philippine Supreme Court ruling on mortgagor rights to surplus proceeds from extrajudicial foreclosure sales and writ of possession.

Quantum Meruit: When a Contractor Can Recover Payment Without a Formal Contract

Philippine Supreme Court explains when contractors can recover payment on a quantum meruit basis even without a written contract.

Sheriff Negligence and Liability for Unreturned Seized Property

Philippine Supreme Court rules on sheriff's duty to return seized property and consequences of negligence in execution of writs.

Sheriffs’ Duty to Promptly Execute Writs and Consequences of Delay

Philippine Supreme Court holds deputy sheriff liable for delay in executing writs and filing returns, imposing two-month suspension.

Sheriff Misconduct: Abuse of Authority and Legal Ethics in the Philippines

Philippine Supreme Court dismisses sheriff for grave abuse of authority and extortion in enforcing writ of attachment, reaffirming strict ethical standards for court officers.

Understanding Legal Redemption: Protecting Co-Owners' Rights in Property Sales

Philippine Supreme Court clarifies co-owners' legal redemption rights, written notice requirements, and timely exercise under Civil Code Articles 1619-1623.