Legal Insights

Writ of Possession, Third-Party Claims, and Redemption Rights in Property Disputes

A writ of possession cannot evict third parties holding property adversely to the judgment obligor. Explaining Sio Tiat King v. Lim.

Writ of Possession for Subsequent Purchasers After Foreclosure: Key Rules

Learn when a subsequent buyer of foreclosed property can obtain a writ of possession and the procedural requirements under Philippine law.

Writ of Possession for Subsequent Purchasers After Extrajudicial Foreclosure

The Supreme Court clarifies that a buyer who purchases foreclosed property from the auction winner may seek a writ of possession.

Mandamus and Property Rights: Court Orders for Possession Have Limits

Philippine Supreme Court ruling on why a writ of possession cannot be issued in a mandamus case, and the proper remedy for winning bidders.

Writ OF Possession Establishing Actual Possession FOR Third Party Intervention

Writ of Possession and Third-Party Rights in Extrajudicial Foreclosure Sales

When can a writ of possession be issued despite a third party's possession of foreclosed property? The Supreme Court clarifies the rule.

When a Writ of Possession Is Ministerial: The Sombilon Case on Foreclosure and Lawyers' Purchase Limits

The Supreme Court clarifies when courts must issue writs of possession after foreclosure and whether lawyers may buy property from banks.

Ministerial Duty and Abuse of Authority: Understanding the Writ of Possession and Judicial Misconduct

A Supreme Court ruling clarifies when a writ of possession is ministerial, and when a judge's discretion becomes grave abuse of authority.

Writ of Possession as Ministerial Duty: Court Ruling on Judicial Discretion and Liability

Supreme Court clarifies writ of possession is a ministerial duty, and judges who defer it may face administrative liability.

Writ of Possession Is Ministerial: Court Limits on Judges' Discretion in Foreclosure Cases

Philippine Supreme Court clarifies writ of possession is ministerial after foreclosure, and judges who delay it face administrative sanctions.

Writ of Possession in Foreclosure: Ministerial Duty vs. Third-Party Claims

When is a writ of possession ministerial and when can third-party claims block it? The Supreme Court clarifies in Marquez v. Alindog.

Writ of Possession in Foreclosure: Ministerial Duty of Courts Explained

Philippine Supreme Court clarifies the ministerial duty of courts to issue writs of possession in extrajudicial foreclosure, and the binding effect of prior judgments.

Writ of Possession After Foreclosure: When the Surplus Must Be Returned

Philippine Bank of Communications v. Yeung clarifies when a writ of possession issues after foreclosure and how sale surpluses are handled.

Protecting Possessory Rights When A Writ Of Possession Clashes With Third Party Claims

Understand how Philippine courts resolve property disputes when a writ of possession faces third-party claims, based on a landmark Supreme Court ruling.

Writ of Possession Is Ministerial Duty Despite Challenges to Mortgage Validity

Philippine Supreme Court ruling: a pending case questioning mortgage validity does not stop a writ of possession after foreclosure and redemption lapse.

Protecting Third Party Rights in Foreclosure When Possession Trumps Ownership

When a third party adversely possesses foreclosed property, courts must hold a hearing before issuing a writ of possession.

Mortgage Foreclosure: Clarifying Rights and Procedures in Disputed Property Cases

Learn how the Supreme Court clarified extrajudicial foreclosure rules, writ of possession, and procedural requirements in disputed mortgage cases.

Writ of Possession After Foreclosure: When a Purchaser's Right Is Absolute

Philippine Supreme Court explains when a foreclosure sale purchaser may demand a writ of possession and when exceptions apply.

Writ of Possession After Foreclosure: When Third-Party Claims and Pending Cases Don't Stop the Writ

Philippine Supreme Court clarifies when a writ of possession is ministerial and how pending annulment cases, third-party claims, and surplus issues affect the rule.

Writ OF Possession Rights OF Third Parties IN Foreclosure Sales

Writ of Possession Stays Ministerial Despite Foreclosure Irregularity Claims

Explaining when courts must issue writs of possession in extrajudicial foreclosures, and when objections may be raised.

Possession and Ownership: Understanding the Writ of Possession in Foreclosure Cases in the Philippines

Learn how forum shopping can derail foreclosure disputes in the Philippines, as shown in Asia United Bank v. Goodland Company, Inc.

Writ OF Possession Protecting Property Rights After Foreclosure IN THE Philippines

Due Process Prevails: How Motions for Reconsideration Can Cure Procedural Lapses in Writ of Possession Cases

Supreme Court clarifies that a motion for reconsideration can cure a trial court's procedural lapse in granting a writ of possession without prior hearing.