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Showing 553–576 of 767 articles for “possession”

Lease After Foreclosure Overrides Writ of Possession: Philippine Rule

A post-foreclosure lease between mortgagor and mortgagee creates a new relationship, making ejectment, not writ of possession, the proper remedy.

Possession vs Ownership: How Tax Declarations and Evidence Resolve Land Disputes

A Supreme Court ruling explains how tax declarations and evidence of possession resolve land disputes, and why paper title alone may not win the case.

Unlawful Detainer: Actual Possession vs. Representation in Ejectment Suits

Learn when an ejectment suit must target the actual occupant versus the lessee they represent, based on a Philippine Supreme Court ruling.

Possession by Tolerance: When Using Another's Land Becomes Unlawful

Philippine Supreme Court clarifies when tolerated use of another's land becomes unlawful detainer, and which court has jurisdiction over the case.

Abandonment of Tenancy Affirming Land Rights Based on Continuous Cultivation

Philippine Supreme Court clarifies that continuous cultivation and possession can establish land rights, even without formal title.

Demolition Orders and Property Rights: Balancing Possession and Due Process in Unlawful Detainer Cases

Philippine Supreme Court ruling on demolition orders in unlawful detainer cases, protecting property rights and due process.

Jurisdiction in Property Cases: Why Assessed Value Determines the Court

The Supreme Court clarifies that assessed value, not market value, determines which court has jurisdiction over property possession cases.

Foreclosure AND Moral Damages Upholding Banks Right TO Possession BUT Requiring Fair Dealing

Expired Firearm License Extension Leads to Acquittal in Illegal Possession Case

Supreme Court acquits gun owner whose expired license fell under PNP's 2014 extension, applying mandatory judicial notice.

Ejectment Suits: Proving Prior Possession in Forcible Entry Cases

Learn how Philippine courts decide forcible entry cases, focusing on the key requirement of prior physical possession and jurisdictional rules.

Sheriff's Duty to Execute Writs Is Ministerial: Lessons from Legaspi v. Tobillo

A sheriff's failure to promptly implement a writ of possession constitutes gross neglect of duty, resulting in administrative liability.

Writ OF Possession Mortgagees Right Prevails Despite Pending Challenges TO Foreclosure

Unlawful Detainer and Estate Possession: Lessons from Umpoc v. Mercado

Philippine Supreme Court ruling on unlawful detainer, estate administrators' possessory rights, and unregistered deeds in ejectment cases.

Double Sale in the Philippines: Who Has the Better Right to the Property?

Philippine law on double sales explained: when a property is sold twice, good faith, registration, and possession decide who owns it.

When Possession Does Not Equal Ownership: Land Registration and the Alienable and Disposable Requirement

Philippine Supreme Court clarifies when possession of public land can ripen into ownership for registration under the Property Registration Decree.

When a Writ of Possession Is Ministerial: Lessons from a Judge's Administrative Case

The Supreme Court explains why a judge cannot be disciplined for issuing a writ of possession after foreclosure, even if the mortgagor questions the mortgage's validity.

Writ of Possession Is Ministerial Duty Despite Pending Mortgage Disputes

Philippine Supreme Court ruling on why courts must issue writs of possession in foreclosure sales even when the mortgage validity is being challenged.

Prior Possession Prevails Resolving Forcible Entry Disputes in the Philippines

Learn how Philippine courts resolve forcible entry cases by protecting prior physical possession, with insights from a Supreme Court ruling.

Qualified Theft vs Estafa: Defining Possession in Bank Teller Cases

When does a bank teller's misappropriation of funds constitute qualified theft rather than estafa? The Supreme Court clarifies the key distinction.

LGU Right to Immediate Possession in Expropriation: City of Iloilo v. Legaspi

When can an LGU take immediate possession of private property in expropriation? The Supreme Court explains the 15% deposit rule.

Public Land Cannot Be Burdened: Property Rights and Public Use in the Philippines

Philippine Supreme Court ruling on public dominion property, right of way easements, and possession claims over government land.

Restoring Possession After a TRO: Lessons from a Lawyer's Suspension

When a TRO is already enforced, seeking another restraining order to restore possession can be professional misconduct. Learn from this disciplinary case.

Perfecting Land Titles: Continuous Possession Since June 12, 1945 Required for Registration

Philippine Supreme Court clarifies that judicial confirmation of imperfect land titles requires open, continuous possession since June 12, 1945.

Agrarian Dispute vs Recovery of Possession: Defining DARAB Jurisdiction

When does DARAB have exclusive jurisdiction over agricultural land cases? The Supreme Court clarifies the distinction between agrarian disputes and ordinary recovery of possession actions.