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Showing 217–240 of 454 articles for “execution”

Sheriff's Ministerial Duty to Execute Writs and the Proper Procedure for Collecting Expenses

A Philippine Supreme Court ruling explains why a sheriff's duty to enforce a writ is mandatory, and why collecting execution expenses outside the rules is misconduct.

Sheriffs Must Follow Rule 141 Procedure for Execution Expenses — Key Lessons from Go v. Hortaleza

A deputy sheriff was suspended for demanding execution expenses without court approval. Learn the proper Rule 141 procedure.

Sheriff's Overzealous Writ Execution: Grave Abuse of Authority and Citizen's Rights

When a sheriff's writ execution crosses the line into illegal detention and premature demolition, the Supreme Court steps in to protect citizens' rights.

Due Process in Bail Bond Forfeiture: Annulment of Title for Irregular Execution

When a property bond is executed without a judgment on the bond, the sale and resulting title may be void for lack of due process.

Sheriffs Must Execute Writs Promptly: Lessons from Dacdac v. Ramos

A sheriff's four-year delay in issuing a certificate of sale drew administrative liability. Learn the rules on execution of judgments.

Ombudsman’s Disciplinary Authority: Ensuring Compliance and Immediate Execution

The Supreme Court affirms the Ombudsman’s full disciplinary power and the immediately executory nature of preventive suspension orders.

Sheriff Dismissed for 4-Year Delay in Executing Writ and Misconduct

Supreme Court dismisses sheriff for gross neglect of duty and grave misconduct over delayed writ execution and mishandled sheriff's expenses.

Sheriffs Duty THE Imperative OF Timely Execution AND Reporting IN Civil Cases

Finality Prevails: Condonation of an Audit Disallowance After Supreme Court Affirmation Is Unacceptable

The Supreme Court rules that a final audit disallowance affirmed with finality cannot be condoned by a government agency, upholding COA's execution powers.

Jurisdiction vs Forum Shopping: RTC Power Over NLRC Execution

Supreme Court rules RTCs lack jurisdiction over NLRC execution incidents; filing both a motion to quash and an RTC complaint constitutes forum shopping.

Sheriffs Duty in Enforcing Writs of Execution and Reporting Requirements

A sheriff's failure to enforce a writ of execution and file required reports constitutes simple neglect of duty, warranting suspension.

Execution Must Reflect Judgment Altering Terms Invalidates Writ

A writ of execution that varies the terms of the judgment it enforces is void. Learn the rule from KKK Foundation v. Judge Calderon-Bargas.

Voiding Land Deals Fraud AND THE Limits OF Good Faith Acquisition IN Philippine Property LAW

Philippine Supreme Court clarifies when writs of execution may be void and the limits of procedural due process in property disputes.

Surety Bonds and Compromise Judgments: When Payment Is Not Voluntary

A surety's payment under a writ of execution on a compromise judgment is not voluntary; reimbursement from the principal debtor is required.

Surety Bonds and Reimbursement: When Payment Under Compulsion Is Still Collectible

Philippine Supreme Court ruling on when a surety can recover from the principal debtor after paying a bond under threat of execution.

Behest Loans and Prescription: When Does the Clock Start Ticking

The Supreme Court clarifies when the prescriptive period for behest loan cases begins, ruling it starts upon discovery, not execution.

Untimely Appeal Dooms Land Dispute: Finality of Judgments and Prior Registered Liens

The Court explains when a missed appeal is fatal, why judgments must become final, and how a registered execution levy beats an unregistered sale.

Sheriffs Duty Balancing Efficiency AND DUE Process IN Writ Execution

A sheriff's flawed execution of an ejectment writ led to suspension. Learn the administrative rules on due process and efficiency.

Piercing the Corporate Veil: Name Change vs. Corporate Identity in Insurance Claim Execution

When can a judgment be enforced against a corporation that merely shares a name with the judgment debtor? The Supreme Court clarifies the distinction between a name change and corporate identity.

When Property Is Conjugal: Support Debts and the Right Appeal Route

A wife's attempt to shield a titled lot from execution for her husband's child support debt fails on procedure and property law.

Sheriffs Must Get Court Approval for Execution Expenses: A.M. No. P-06-2184

Philippine Supreme Court rules on sheriff's duty to secure court approval for execution expenses and remit fees under Rule 141.

Judicial Overreach When Haste in Execution Leads to Administrative Liability

A judge's one-year suspension for gross ignorance of the law after prematurely declaring a decision final and executing it without proper motion.

Upholding Property Rights: Finality of Court Decisions and Easement Disputes

A court cannot create a right-of-way through an execution order that contradicts its final and executory decision dismissing the case.

Barangay Official Removal: Due Process and Immediate Execution Under the Local Government Code

Learn how the Supreme Court clarified that decisions removing barangay officials are immediately executory, despite the right to appeal.