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Showing 25–48 of 86 articles for “division”

ARMM Appointments and Civil Service Eligibility: The Assistant Schools Division Superintendent Case

Explaining the Supreme Court ruling on ARMM appointments, career executive service eligibility, and the limits of regional autonomy in civil service.

Duty Free Philippines v. BIR: The Perils of Skipping the CTA En Banc on Appeal

A direct appeal to the Supreme Court from a CTA Division ruling is fatal. Learn the correct appellate route under R.A. 9282.

Comelec Divisions, Jurisdiction, and Preliminary Injunctions in Election Protests

The Supreme Court clarifies when a Comelec division's interlocutory order may be assailed via certiorari and the validity of Special Divisions.

Protecting Homebuyers: PD 957 Prevails Over Bank Mortgages in Subdivision Sales

Supreme Court rules banks must honor PD 957 protections for subdivision buyers, even when properties are mortgaged to secure developer loans.

Jurisdiction Over Subdivision Disputes: HLURB vs RTC in Enforcement Actions

Ortigas v. CA clarifies when HLURB has exclusive jurisdiction over subdivision disputes and when the RTC handles local government enforcement cases.

Contract to Sell vs Dacion en Pago: Protecting Subdivision Lot Buyers in the Philippines

The Supreme Court explains how PD 957 protects subdivision lot buyers even when a developer transfers the property to a bank through dacion en pago.

HLURB Jurisdiction vs Regular Courts: Protecting Subdivision Buyers' Rights

When does HLURB have exclusive jurisdiction over subdivision disputes? The Supreme Court clarifies the boundary between regular courts and the housing regulator.

HLURB Jurisdiction: Protecting Subdivision Lot Buyers From Developer Non-Compliance

When a licensed developer sells a lot and fails to deliver title, the HLURB has jurisdiction over the buyer's claim—regardless of project size.

HLURB Jurisdiction: Protecting Subdivision Lot Buyers' Right to Title Delivery

Supreme Court affirms HLURB jurisdiction over subdivision lot buyers' claims for title delivery against developers, protecting purchasers from unscrupulous sellers.

Sandiganbayan Collegiality: Lessons from the Administrative Case Against Justices Ong, Hernandez, and Ponferra

The Supreme Court clarifies that Sandiganbayan divisions must sit as a collegial body, with all three justices present during trial proceedings.

Probate Proceedings and Testamentary Provisions: Balancing Testator Intent with Statutory Limits

A Supreme Court ruling on enforcing a testator's 20-year non-partition directive, balancing testamentary intent against Civil Code limits on indivision.

Electoral Integrity: COMELEC Division Authority and Ballot Preservation in Election Protests

A 2010 Supreme Court ruling on COMELEC division jurisdiction, ballot integrity, and the proper conduct of election protests.

Selling Subdivision Lots Without A License Hlurb Authority AND Criminal Liability Under PD 957

Philippine Supreme Court clarifies that selling subdivision lots without an HLURB license is a crime, and a later license does not erase liability.

Selling Subdivision Lots Without a License: Criminal Liability Under P.D. 957

Selling subdivision lots without an HLURB license is a crime. A later license does not erase liability, explains the Supreme Court.

Hlurb Jurisdiction VS Criminal Prosecution Protecting Subdivision Buyers

Election Protests: The Crucial Role of Ballot Examination and the Limits of COMELEC En Banc Review

The Supreme Court clarifies when ballot revision is mandatory in election protests and why only final Division orders reach the COMELEC En Banc.

Partition Disputes: The Mandatory Role of Commissioners in Property Division

Philippine Supreme Court clarifies when courts must appoint commissioners to divide property in partition disputes, and the limits of the parol evidence rule.

Sellers Obligation Delivering Titles Despite Encumbrances IN Philippine Property LAW

Philippine Supreme Court ruling on subdivision sellers' duty to deliver clean titles despite encumbrances, and buyer remedies.

Redemption Rights When A Sale Disguises A Loan Equity Prevails

When a bank finances a subdivision project, it cannot ignore buyers who already paid for lots. The Supreme Court explains why.

Mortgagee's Duty to Verify Buyers Under PD 957: DBP v. Capulong

Philippine Supreme Court clarifies that banks financing real estate projects must verify subdivision lot buyers before foreclosing mortgaged properties under PD 957.

Final Judgments and Set-Off Claims: Manila Banking Corp. v. Rabina

Supreme Court ruling on final judgments, set-off claims, and HLURB jurisdiction over subdivision mortgage disputes.

When Supreme Court Rulings Clarify Procedural Rules: The Bagabuyo Case on Legislative Reapportionment

The Supreme Court in Bagabuyo v. COMELEC clarifies that legislative reapportionment does not require a plebiscite, unlike the division of local government units.

Motion for Reconsideration as a Prerequisite to Supreme Court Review in Election Cases

The Supreme Court rules that a COMELEC Division resolution must first be elevated to the Commission en banc before it can be questioned before the High Court.

When Courts, Not HLURB, Decide Contract Disputes: Cadimas v. Carrion

The Supreme Court clarifies that not every subdivision property dispute falls under HLURB jurisdiction—ordinary contract breaches belong in regular courts.