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Showing 385–408 of 767 articles for “possession”

Refusal to Accept Notices Upholds Lessor's Rights in Unlawful Detainer Cases

A lessee's refusal to accept notices to vacate cannot defeat a lessor's right to recover possession in unlawful detainer cases.

Forcible Entry: Prior Possession Matters More Than Land Ownership

Philippine Supreme Court clarifies that in forcible entry cases, prior physical possession—not ownership—determines who stays on the property.

Writ of Possession Denied When Third Party Holds Property Adversely to Mortgagor

Supreme Court clarifies when a bank cannot get a writ of possession after foreclosure—when a third party holds the property under an adverse title.

Possession vs. Sale: Proving the Distinction in Drug Cases

The Supreme Court clarifies why illegal sale and illegal possession of drugs are separate crimes requiring distinct proof, acquitting on one charge.

Lost Claim: Failure to Prove Open Possession Prevents Land Title Registration

Supreme Court denies land registration where applicant failed to prove open, continuous, exclusive possession since June 12, 1945.

Possession by Tolerance and Unlawful Detainer: Jurisdiction in Philippine Courts

Philippine Supreme Court clarifies when possession by tolerance triggers unlawful detainer jurisdiction in the MTC, not the RTC.

Acquisitive Prescription: Proving Open, Continuous Possession for Land Registration

Philippine Supreme Court clarifies what evidence proves open, continuous possession for land registration under the Property Registration Decree.

Land Title Registration Proving Possession Since June 12 1945 FOR Imperfect Titles

Prior Possession Prevails in Forcible Entry Disputes: The Lopez v. Espinosa Case

The Supreme Court clarifies that prior physical possession, not ownership, determines forcible entry cases, even when the intruder holds title.

Constructive Possession When Contraband in a Shared Space Implicates Guilt

Philippine Supreme Court explains when drugs found in a shared space can still prove constructive possession and guilt beyond reasonable doubt.

Writ of Possession in Foreclosure: Validity and Grounds for Annulment

Learn when a writ of possession is ministerial, when redemption ends, and the remedy to annul a foreclosure sale.

Separate Convictions for Drug Sale and Possession: Protecting Public Safety and Upholding the Law

The Supreme Court clarifies that selling and possessing illegal drugs are distinct crimes, each carrying its own penalty under Philippine law.

Land Registration: Proving Open Continuous Possession Since 1945

How the Supreme Court applied Section 14(1) of the Property Registration Decree to confirm title through open, continuous possession since June 12, 1945.

Torrens System Prevails: Registered Land Protected Against Adverse Claims

When registered land is sold to innocent buyers, claims of long possession cannot defeat the Torrens title, the Supreme Court rules.

Writ OF Possession Ministerial Duty Despite Pending Annulment Case

Possession Is Nine Tenths of the Law: Enforceability of a Writ of Possession During Appeal

Philippine Supreme Court clarifies when a writ of possession in extrajudicial foreclosures can be enforced even while an appeal is pending.

Qualified Theft vs Estafa: Defining the Boundaries of Employee Misappropriation

The Supreme Court clarifies when an employee's misappropriation is qualified theft, not estafa, based on the nature of possession.

Emancipation Patents and Land Ownership: Protecting Agrarian Reform Beneficiaries

Learn how emancipation patents vest absolute ownership in farmer-beneficiaries, and why temporary surrender of possession does not mean abandonment.

Perfecting Land Titles: Proving Possession Since June 12, 1945 Is Crucial

The Supreme Court clarifies that land registration applicants must prove possession since June 12, 1945, not just 30 years.

Redemption Rights in Foreclosure: Consignation of Redemption Price Is Mandatory

Philippine Supreme Court ruling: filing a judicial redemption action does not stop a writ of possession unless the redemption price is paid or consigned.

Forcible Entry: Prior Physical Possession Is the Decisive Factor

Philippine Supreme Court clarifies that forcible entry cases hinge on prior physical possession, not tax declarations or ownership claims.

Separation of Proceedings: Annulment Case Cannot Delay Writ of Possession

Supreme Court rules consolidation of annulment case with writ of possession petition is grave abuse, delays foreclosure remedy.

Delivery in Sales Contracts: Ownership vs Possession and Prescription Periods

Philippine Supreme Court clarifies that mere possession transfer isn't?

Resolving Jurisdictional Conflicts Forcible Entry VS Agrarian Disputes IN Land Possession Cases