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Showing 433–456 of 566 articles for “writ”

Unlawful Search Evidence Obtained With Defective Warrant Inadmissible In Court

A defective search warrant—one where the judge failed to record the examination in writing—makes the search illegal and the seized evidence inadmissible.

Indemnity Against Liability When A Guarantee Triggers Immediate Action

When a writ of execution varies the terms of a final judgment, it is null and void. This case explains why.

Execution of Judgment: The Writ Must Mirror the Decision’s Terms

A writ of execution that varies from the final judgment is void. DBP v. Union Bank explains why precision matters.

Supervisory Negligence: When Court Officials Are Liable for Delayed Writs

Philippine Supreme Court clarifies liability of sheriffs and clerks of court for unreasonable delay in implementing writs of demolition.

Judicial Accountability: Timely Resolution of Motions and Execution of Judgments

A sheriff's delay in executing a writ and a judge's inaction on a motion draw administrative sanctions in this Philippine Supreme Court ruling.

Sheriffs Authority and Limits in Carrying Firearms During Writ Enforcement

Supreme Court ruling on sheriffs' duties, custody of seized goods, and limits of authority in enforcing search warrants.

Clerk of Court Liable for Issuing Writ Before Decision Becomes Final

Philippine Supreme Court ruling on premature execution: a clerk of court who issues a writ before the judgment becomes final and executory may be held administratively liable.

Upholding Court Integrity: The Consequences of Delayed Docketing Fees

A sheriff's P10,000 fine for dereliction of duty shows why unpaid docketing fees are no excuse for delayed execution of court writs.

Sheriff's Dereliction of Duty: When Delayed Execution Erodes Public Trust in Courts

A sheriff who delayed executing writs and failed to file required reports was fined P10,000 for dereliction of duty, underscoring judicial accountability.

Ensuring Constitutional Safeguards THE Imperative OF Written Examinations IN Search Warrant Issuance

Sheriff's Duty to Execute Writs Promptly: Accountability in Civil Cases

Philippine Supreme Court ruling on sheriff's mandatory duty to execute writs promptly and the consequences of dishonesty in civil cases.

Right of Legal Redemption: Written Notice Is Mandatory for Adjoining Rural Landowners

Supreme Court rules written notice under Article 1623 is mandatory for legal redemption by adjoining rural landowners, not just a formality.

Writ of Possession Is a Ministerial Duty of Courts in Foreclosure Cases

In Chailease Finance v. Spouses Ma, the Supreme Court ruled that issuing a writ of possession after foreclosure is a ministerial duty, not a discretionary act.

Fiduciary Duty and Accountability: The Consequences of Violating Court Circulars on Fund Management

A clerk of court who released a bail bond without a written court order was fined for violating Supreme Court Circular No. 50-95.

Breach of Trust Dismissal for Misuse of Public Funds by a Court Official

A disbarred lawyer's failed bid to overturn his final judgment leads to indirect contempt and a writ of execution for misused funds.

Timely Execution: A Sheriff's Duty to Report and the Consequences of Delay

A Philippine Supreme Court ruling reminds sheriffs that writs of execution must be returned and reported on time, and that delay carries administrative liability.

Judge Not Liable for Denying Motion to Dissolve Writ: Administrative Case Dismissed

Supreme Court clarifies when judges may face administrative liability for erroneous orders, dismissing complaint against Baguio RTC judge.

Sheriff's Misconduct in Writ Execution: A Lesson in Judicial Integrity

Philippine Supreme Court dismisses sheriff for settling cases and pocketing funds during writ execution, reaffirming strict standards for court officers.

Judicial Accountability: Dismissal for Disobeying Court Orders and Gross Ignorance of the Law

A judge's refusal to issue a writ of execution leads to dismissal for gross ignorance of the law and defiance of superior court orders.

Written Agreements Prevail: Recovery of Additional Construction Costs Requires Prior Authorization

Contractors cannot recover extra construction costs without written authorization and agreed pricing under Article 1724 of the Civil Code.

Sheriffs Must Execute Writs Promptly or Face Administrative Liability

Philippine Supreme Court holds sheriff liable for dereliction of duty for delayed execution of writ, emphasizing prompt enforcement of judgments.

Writ of Possession in Foreclosure: Bank Rights Prevail Over Third-Party Claims

Learn how the Supreme Court ruled that a writ of possession in extrajudicial foreclosure is ministerial, and third-party claimants must use proper remedies.

Writ of Possession in Foreclosure: What Third-Party Claimants Must Know

Learn how the Supreme Court ruled on writs of possession in foreclosure sales and what third-party claimants must do to protect their rights.

Contempt of Court for Disobeying a Final Judgment in a Disbarment Case

A disbarred lawyer's repeated refusal to return client funds leads to indirect contempt, fines, and a writ of execution.