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Showing 361–384 of 767 articles for “possession”

Torrens Title vs Unregistered Sale: Who Has Better Right to Possess Land in the Philippines

Philippine Supreme Court ruling explains why a Torrens title prevails over an unregistered deed of sale in disputes over land possession.

Proving Possession Since June 12, 1945: Key Requirements for Land Registration

A corporation's land registration application fails because it could not prove possession since June 12, 1945, nor the land's alienable status.

Proving Land Ownership: Open, Continuous Possession Since June 12, 1945 Required

Land registration requires proof of open, continuous possession since June 12, 1945, plus evidence the land is alienable and disposable.

Writ of Possession in Foreclosure: When Issuance Is Ministerial

Philippine Supreme Court clarifies that writ of possession issuance after foreclosure is ministerial, not discretionary, for the purchaser.

Writ of Possession: Validity of Mortgage Cannot Be Challenged in Possession Proceedings

Philippine Supreme Court ruling: courts must issue writs of possession ministerially after foreclosure; mortgage validity challenges belong in separate actions.

Constructive Possession When Holding Isnt Always Having IN Illegal Firearm Cases

Philippine Supreme Court explains constructive possession in illegal firearm cases—what it means, how it is proven, and why custody by another person may still be possession.

Public Land Rights Prevail Understanding Torrens Titles AND Prior Possession

Possession Follows Ownership Clearing Improvements After Land Reconveyance

When a court orders reconveyance of land, does possession automatically follow? The Supreme Court clarifies the rules on removing improvements.

Upholding Possession Jurisdiction in Forcible Entry Cases and the Significance of Juridical Acts

Learn how the Supreme Court ruled on forcible entry jurisdiction, possession through juridical acts, and the one-year prescriptive period.

Forcible Entry Jurisdiction: When Stealth Extends the One-Year Filing Period

Learn how the Supreme Court ruled on forcible entry jurisdiction, stealth dispossession, and the one-year filing period in Nuñez v. SLTEAS Phoenix Solutions.

Mortgage Validity and Writ of Possession: Upholding Contracts Absent Vitiated Consent

Philippine Supreme Court ruling on writ of possession in foreclosure, contract validity, and consolidation of cases explained in plain language.

Writ of Possession and Foreclosure: When a Threat to Foreclose Does Not Vitiate Consent

Supreme Court ruling on extrajudicial foreclosure, simulated contracts, and why a threat to enforce a legal claim does not vitiate consent.

Buy-Bust Operations: Proving Illegal Drug Sale and Possession Beyond Reasonable Doubt

A Supreme Court ruling affirms that buy-bust operations can establish both illegal drug sale and possession, and explains what evidence courts require for conviction.

Prior Physical Possession Prevails in Forcible Entry Cases: Lagazo v. Soriano

Philippine Supreme Court clarifies that prior physical possession, not ownership, decides forcible entry cases. Learn the rule from Lagazo v. Soriano.

Prior Physical Possession Prevails: Understanding Forcible Entry in Philippine Law

Philippine Supreme Court clarifies forcible entry rules: prior physical possession, not ownership, determines who stays on the property until lawful ejectment.

Reasonable Doubt Prevails: Safeguarding Individual Rights in Drug Possession Cases

The Supreme Court acquits a drug possession accused, stressing proof beyond reasonable doubt and unbroken chain of custody under RA 9165.

DUE Process AND Forcible Entry Prior Possession Prevails IN Land Disputes

Writ of Possession in Extrajudicial Foreclosure: No Certification Against Forum Shopping Required

Learn why the Supreme Court ruled that an ex parte petition for a writ of possession is not an initiatory pleading, so no certification against forum shopping is needed.

Torrens Title vs Deed of Sale: Who Wins a Possession Dispute in the Philippines?

In a Philippine ejectment case, a Torrens title beats an unregistered deed of sale. Learn the rule from Spouses Barias v. Heirs of Boneo.

Adverse Possession Claim OF Title AND THE Acquisition OF Land Ownership

Adverse Possession Claiming Ownership Through Continuous USE

Good Faith vs Torrens Title Resolving Land Ownership Disputes in the Philippines

Philippine Supreme Court ruling on whether a Torrens title or a deed of sale prevails in land possession disputes.

Proving Open Continuous Possession in Land Registration: The Wee Case

Land registration requires well-nigh incontrovertible evidence of open, continuous possession since 1945. The Wee case explains why tax declarations and bare claims fail.

Navigating Drug Possession Laws: Evidence and Credibility in Shabu Cases

A Supreme Court ruling on drug possession explains why minor witness inconsistencies and the defense of frame-up often fail against credible police testimony.