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Showing 25–48 of 65 articles for “ministerial duty”

Writ of Execution in the Philippines: A Sheriff's Duty and Liability for Neglect

Explaining a sheriff's ministerial duty in executing writs, and the administrative liability for neglect, based on a Supreme Court ruling.

Writ OF Possession Ministerial Duty Despite Pending Annulment Case

Upholding Final Judgments: A Judge's Duty to Execute Without Alteration

Exploring the Supreme Court's ruling on the finality of judgments and a judge's ministerial duty to execute them without modification.

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.

Ministerial Duty vs Discretion: When Clerks of Court Must Obey Orders

A clerk of court cannot refuse to issue a writ of execution based on personal doubts about a judge's order. The Supreme Court explains why.

Writ OF Possession Ministerial Duty Despite Pending Nullity Suit

Sheriff's Ministerial Duty to Execute Writs and the Proper Procedure for Collecting Expenses

A Philippine Supreme Court ruling explains why a sheriff's duty to enforce a writ is mandatory, and why collecting execution expenses outside the rules is misconduct.

Writ of Possession Is Ministerial Duty, Not a Venue for Fraud Claims

The Supreme Court clarifies that a writ of possession in extrajudicial foreclosure is a ministerial duty, not subject to fraud claims.

Writ of Possession After Foreclosure: Ministerial Duty of Courts Explained

Learn when courts must issue writs of possession after extrajudicial foreclosure and why pending cases questioning mortgage validity do not stop it.

Writ of Possession in Foreclosure: Ministerial Duty vs Equitable Considerations

When can a court refuse to issue a writ of possession after foreclosure? The Supreme Court clarifies the ministerial duty rule and its exceptions.

Sheriffs’ Duty to Execute Writs with Diligence: Lessons from Vargas v. Primo

A sheriff’s ministerial duty to enforce writs promptly is underscored in Vargas v. Primo, where neglect led to suspension.

Writ of Possession as Ministerial Duty: Rayo v. Metrobank on Due Process Limits

The Supreme Court affirms that a writ of possession after extrajudicial foreclosure is a ministerial duty, even if issued ex parte. Learn the limits of due process claims.

Stock Transfer Obligations Ministerial Duty VS Corporate Discretion

Writ OF Possession Ministerial Duty VS Redemption Rights IN Foreclosure Sales

Writ OF Possession THE Ministerial Duty OF Courts IN Foreclosure Cases

Court Clerk Fined for Neglecting Ministerial Duty to Enforce Writs of Execution

Philippine Supreme Court holds court clerks and sheriffs must enforce writs with dispatch; refusal based on personal doubts is dereliction of duty.

Official Duty vs Criminal Liability: Defining Boundaries in Government Transactions

The Supreme Court clarifies when public officials face criminal liability for anomalous government transactions despite claims of mere ministerial duty.

Writ of Possession Is Ministerial After Foreclosure Consolidation

The Supreme Court explains why a writ of possession is a ministerial duty of courts once a foreclosed property's title is consolidated.

Writ of Possession: What Foreclosure Sale Purchasers Should Know

Understanding the writ of possession in extrajudicial foreclosure sales, and why courts issue it as a ministerial duty to the purchaser.

Sheriffs Must Execute Writs Ministerially Despite Third-Party Claims

Philippine Supreme Court rules sheriffs have ministerial duty to enforce writs; third-party claims require indemnity bond, not delay.

Sheriffs' Duty of Care in Enforcing Court Orders and the Limits of Ministerial Duty

When can a sheriff be held liable for enforcing a writ? This case clarifies the limits of a sheriff's ministerial duty.

The Ministerial Duty Securing Possession After Foreclosure IN THE Philippines

Philippine Supreme Court ruling on the ministerial duty to secure possession after foreclosure, explained in plain language.

Mortgage Foreclosure and the Court's Ministerial Duty: Zarate v. Maybank

Learn how the Supreme Court ruled on dismissal for failure to prosecute in a mortgage foreclosure redemption case.

Sheriff's Duty to Execute Writs Is Ministerial: Lessons from a Gross Neglect Case

The Supreme Court reminds sheriffs that executing writs is a ministerial duty—delays and excuses do not justify neglecting court orders.