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Showing 217–240 of 767 articles for “possession”

Prior Possession Is Key in Philippine Forcible Entry Cases

Philippine forcible entry cases hinge on prior physical possession. The Supreme Court explains why in Alcedo v. Sagudang.

Redemption Rights and Time Limits: When the Clock Stops Ticking in Foreclosures

Understand when a foreclosure buyer gets possession, how redemption periods work, and why a donation mortis causa needs probate.

Double Sale AND Prior Possession Protecting Land Rights IN THE Philippines

Understand how Philippine courts resolve double sale disputes and protect prior possession of land. Learn key legal principles.

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.

Reconveyance Actions Proving Ownership Beyond Mere Possession

Learn when courts consolidate reconveyance and reivindicatory actions, and why Torrens titles cannot be collaterally attacked under Philippine law.

Forcible Entry Proof: Prior Physical Possession Is Key to Ejectment

Philippine Supreme Court clarifies that in forcible entry cases, proof of prior physical possession, not mere ownership, is essential.

Possession Trumps Ownership: Upholding Conviction for Illegal Firearms Based on Control, Not Title

Philippine Supreme Court clarifies that illegal possession of firearms requires control, not ownership. Conviction upheld on constructive possession.

Writ of Possession for Subsequent Purchasers After Foreclosure: Key Rules

Learn when a subsequent buyer of foreclosed property can obtain a writ of possession and the procedural requirements under Philippine law.

Theft vs. Estafa: When Employee Misappropriation Is Not Estafa (Benabaye Doctrine)

The Supreme Court in Benabaye v. People clarifies when an employee's misappropriation of funds is theft, not estafa, based on possession.

Land Title Registration: Possession Before Land Classification Counts

Supreme Court clarifies that possession before a land's classification as alienable and disposable can count toward original registration.

Adverse Possession and Land Registration: Clarifying Requirements for Imperfect Titles

Supreme Court clarifies that possession before a land's classification as alienable and disposable counts toward confirming imperfect title under Section 14(1).

Writ of Possession for Subsequent Purchasers After Extrajudicial Foreclosure

The Supreme Court clarifies that a buyer who purchases foreclosed property from the auction winner may seek a writ of possession.

Presumption of Regularity in Drug Possession Cases and the Effect of an Accused's Death on Appeal

The Supreme Court explains how the presumption of regularity supports drug convictions, and why an accused's death pending appeal can moot a case.

Mandamus and Property Rights: Court Orders for Possession Have Limits

Philippine Supreme Court ruling on why a writ of possession cannot be issued in a mandamus case, and the proper remedy for winning bidders.

Chain of Custody in Drug Cases: Integrity of Evidence Prevails

Philippine Supreme Court ruling on chain of custody in drug possession cases, explaining why substantial compliance with Section 21 suffices.

Title Registration as Proof of Prior Possession in Forcible Entry Cases

The Supreme Court clarifies when a Torrens title can prove prior physical possession in forcible entry cases, protecting landowners from intruders.

Forcible Entry and Prior Physical Possession: When a Torrens Title Proves Possession

The Supreme Court clarifies when a Torrens title and tax declarations can establish prior physical possession in forcible entry cases.

Forcible Entry and Prior Possession: When a Torrens Title Proves Possession

The Supreme Court clarifies when a Torrens title and tax declarations can establish prior physical possession in forcible entry cases.

Breach of Trust Estafa and the Misappropriation of Funds Entrusted for Tax Remittance

When does a cashier's mishandling of funds amount to estafa? The Supreme Court clarifies the key distinction between material and juridical possession.

Cashier's Liability in Estafa: Reassessing Juridical Possession in Misappropriation Cases

The Supreme Court clarifies when a corporate officer's possession of entrusted funds constitutes juridical possession for estafa liability.

State Sovereignty in Land Registration: Proving Alienability and Disposability

Philippine Supreme Court clarifies that land registration requires proof of alienability and disposability, not just possession.

Unlawful Detainer and Possession Rights in Philippine Property Disputes

The Supreme Court clarifies when a case is unlawful detainer versus accion publiciana, and why the complaint's allegations determine jurisdiction.

Possession of Forest Products Without Documents: A Primer on the Revised Forestry Code

Learn how mere possession of lumber without legal documents can lead to criminal liability under the Revised Forestry Code, as explained in a recent Supreme Court ruling.

Upholding Warrantless Arrests: The Limits of Challenging Drug Possession Evidence

A Supreme Court ruling clarifies when warrantless arrests and seizures in drug cases are valid, and when procedural lapses still allow conviction.