Legal Insights

Possession vs Ownership: Writ of Possession and Third-Party Claims in Philippine Foreclosures

A writ of possession is ministerial only against the mortgagor. Third parties with adverse claims must be heard first.

Writ of Possession Limits: When Third-Party Adverse Claims Block Foreclosure Ejectment

A bank cannot use an ex parte writ of possession to eject third parties claiming adverse ownership of foreclosed property; due process requires a full hearing.

Tolerance in Unlawful Detainer: When Permission Becomes a Possession Dispute

Philippine Supreme Court clarifies when tolerated possession becomes unlawful detainer and how courts resolve ownership questions in ejectment cases.

Eminent Domain Authority and Just Compensation in Expropriation Cases

Supreme Court clarifies board authority for expropriation and the immediate payment rule under R.A. 8974 for writs of possession.

Possession Is Key: Upholding Convictions Despite Warrantless Searches in Forestry Code Violations

The Supreme Court explains when warrantless seizures of lumber are valid and why mere possession without documents is a crime.

When Foreclosure Is Not Bad Faith: DBP v. Doyon on Mortgagee Rights

Supreme Court clarifies when a bank's foreclosure after withdrawing an earlier case is not bad faith, and upholds mortgage possession and auction rules.

In Ejectment, Courts Cannot Decide Issues Beyond the Pleadings

In Sioson v. Heirs of Avanceña, the Court rules ejectment courts cannot adjudicate claims over property not alleged in the complaint—only the disputed lot's possession is at issue.

Land Registration Court Authority Overlapping Property Claims

When a court executes a final judgment, it cannot add reliefs—like possession—that the appellate court never awarded.

Execution OF Judgment When Possession Cannot BE Awarded Beyond THE Courts Original Order

Drug Sale Conviction Affirmed: Entrapment Evidence and Legal Presumptions in Shabu Cases

Supreme Court affirms drug sale and possession conviction, explaining buy-bust operations, entrapment evidence, and presumptions in Philippine drug cases.

Ejectment Jurisdiction Resolving Ownership IN Unlawful Detainer Cases

Courts may provisionally resolve a plaintiff's death and ownership issues in ejectment cases to determine possession.

Drug Sale Conviction Upheld: Minor Inconsistencies Do Not Undermine Police Testimony

The Supreme Court affirms drug sale and possession convictions, ruling that minor inconsistencies in police testimony do not impair credibility.

Possession IS Nine Tenths OF THE LAW Writ OF Possession Stands Despite Mortgage Dispute

Prior Physical Possession in Ejectment Cases: Sales v. Barro

Why owners must allege prior physical possession in forcible entry cases, and how jurisdiction depends on the complaint's allegations.

Land Title Registration Proving Open Continuous Possession Since June 12 1945 2

Accountability for Illegal Logging: Possession, Liability, and Penalties Under PD 705

A look at how the Supreme Court upheld a conviction for illegal possession of lumber, clarifying liability and penalties under PD 705.

Reasonable Doubt in Drug Possession Cases: Mere Presence at a Crime Scene Is Not Enough

Philippine Supreme Court clarifies that mere presence in a friend's hut where drugs were found does not prove possession beyond reasonable doubt.

Constructive Possession of Illegal Drugs: Proximity Alone Is Not Enough

Philippine Supreme Court clarifies that mere presence near illegal drugs does not prove constructive possession; dominion and control are required.

Writ of Possession After Foreclosure: When It Becomes a Ministerial Duty

Learn when a writ of possession after extrajudicial foreclosure becomes a ministerial duty of the court, and why pending cases do not stop it.

Writ of Possession and Third-Party Claims: When Foreclosure Buyers Get Possession

Learn when a court must issue a writ of possession after foreclosure and how third-party claims affect the process, based on a Philippine Supreme Court ruling.

Possession Disputes HOW Foreclosure Affects Third Party Property Claims

Proving Land Ownership: Why Possession Since 1945 Needs More Than Claims

Learn what Philippine courts require to prove land ownership through possession since 1945, from the Arbias v. Republic case.

Land Registration in the Philippines: Proving Possession and Alienable Status

A Philippine Supreme Court ruling clarifies what evidence is needed to register land under PD 1529, including possession and alienable classification.

Unlawful Detainer: Proving a Lease Contract and the Limits of Ownership Claims

A Supreme Court ruling clarifies what a plaintiff must prove in unlawful detainer cases, including the lease contract and better right to possession.