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Showing 241–264 of 454 articles for “execution”

Ensuring Judgment Execution Aligns With Court Decisions Lessons From Philippine Jurisprudence

When a final judgment becomes impossible to execute due to supervening events, courts may modify the ruling to harmonize it with justice and facts.

Finality Prevails: Mootness Doctrine Limits Judicial Review After Judgment Execution

Philippine Supreme Court ruling on compromise judgments, res judicata, and the mootness doctrine in visitorial rights disputes.

Upholding Ejectment: Why Ownership Disputes Don't Halt Possession Orders

Philippine Supreme Court clarifies that pending ownership cases do not stop execution of ejectment judgments, protecting the summary nature of unlawful detainer.

Status Quo Ante Orders: COMELEC's Power to Suspend Execution Pending Appeal in Election Cases

Learn how the Supreme Court upheld COMELEC's power to issue status quo ante orders suspending execution pending appeal in election cases.

Sheriff's Extortion Scheme in Execution of Demolition Order Draws Grave Misconduct Penalty

A sheriff who demanded P50,000 to delay a demolition and proceeded despite a court order was held liable for grave misconduct.

When Can a Losing Candidate Face Execution Pending Appeal in Election Cases

Learn the rules for execution pending appeal in election contests, including the good reasons required, based on Diego Lim v. COMELEC.

Substantial Justice Prevails Understanding Motions FOR Extension AND Notice Requirements IN Philippine Appeals

When a defective motion for extension can still save an appeal, and when execution pending appeal is premature in ejectment cases.

Protecting Government Assets Understanding Exemptions From Execution IN THE Philippines

The Supreme Court clarifies when government funds and properties are exempt from execution, and when judges and sheriffs can be held liable.

Execution Pending Appeal in Philippine Election Cases: Upholding the Electorate's Will

When can a winning candidate take office while an election protest is on appeal? The Supreme Court explains the rules on execution pending appeal.

Deadlines Matter: A Sheriff's Duty for Timely Writ of Execution Returns in the Philippines

Philippine Supreme Court ruling on a sheriff's mandatory 30-day duty to return writs of execution, with penalties for delay.

Sheriff's Duties in Execution Sales: Lessons from PNB Madecor v. Cachero

A sheriff's misconduct in an execution sale leads to dismissal. Learn the rules on levies, bids, and redemption.

Sheriffs Authority Limits and Liabilities in Property Demolition in the Philippines

When can a sheriff demolish property during execution? The Supreme Court clarifies the limits of a sheriff's authority and liability in demolition cases.

Execution Pending Appeal: Spouse's Illness Not Enough Ground for Immediate Enforcement

Supreme Court rules a spouse's illness is not a "good reason" for execution pending appeal, requiring exceptional urgency and proper judicial determination of amounts.

Sheriffs Duty Balancing Execution OF Writs AND DUE Process

A sheriff must execute writs promptly, but skipping the sheriff's return can still draw administrative liability for simple neglect.

When Sheriffs Refuse to Execute Writs: Dereliction of Duty and the Ministerial Nature of Enforcement

A sheriff's refusal to implement a final writ of execution constitutes dereliction of duty, as explained in this administrative case against a Clerk of Court.

Court Clerk Fined for Neglecting Ministerial Duty to Enforce Writs of Execution

Philippine Supreme Court holds court clerks and sheriffs must enforce writs with dispatch; refusal based on personal doubts is dereliction of duty.

Dilatory Tactics and the Five-Year Rule: When Delaying Execution Backfires

The Supreme Court condemns a losing party's dilatory tactics that delayed execution of a final judgment for years, clarifying the five-year rule on execution by motion.

Execution of Intra-Corporate Judgments: When Reliefs Align With the Dispositive Portion

Philippine Supreme Court clarifies when a motion for execution may seek reliefs that go beyond a judgment's dispositive portion in intra-corporate disputes.

Execution of Judgment in Intra-Corporate Disputes: Ensuring Compliance with Dispositive Portions

The Supreme Court clarifies that execution of judgment must strictly follow the dispositive portion, ensuring compliance in intra-corporate disputes.

Attorney's Fees in Estate Proceedings: Mandamus Not a Remedy When Fees Are Redetermined

When a probate court redetermines attorney's fees, a prior writ of execution is superseded, and mandamus cannot compel its enforcement.

Court Division Jurisdiction Over Execution of Final Labor Decisions

Supreme Court nullifies CA ruling on labor award computation, holding only the division that decided the case may resolve execution disputes.

Timeliness Matters: Questioning Labor Execution Orders Beyond the Deadline

A Supreme Court ruling on why workers who questioned a labor execution writ beyond the 10-day period lost their claim.

Breach of Contract Upholding Rescission Rights in Land Sales

When a buyer defaults on a land sale agreement, the seller may validly rescind. The Supreme Court explains the limits of a buyer's right to demand execution of a contract.

Sheriff's Misappropriation of Funds and Delay in Execution Leads to Suspension

A sheriff's failure to execute writs promptly and his questionable use of litigation funds resulted in a six-month suspension for conduct prejudicial to the best interest of the service.