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Showing 49–66 of 66 articles for “attachment”

Certiorari Limits: SEC En Banc Can't Fix Attachment Errors in Partnership Disputes

The Supreme Court nullified SEC en banc orders discharging an attachment in a law partnership dispute, ruling certiorari only corrects jurisdictional errors.

Unregistered Sale vs Attachment Priority OF Rights IN Land Disputes 2

When an unregistered deed of sale is valid between parties, laches can bar heirs from recovering property after decades of inaction.

Unregistered Sale vs Attachment Priority OF Rights IN Land Disputes

Philippine Supreme Court ruling on unregistered land sales, laches, and ownership rights in property disputes explained in plain language.

Untimely Intervention Final Judgments AND Third Party Claims IN Property Disputes

A sheriff's delayed attachment annotation let defendants sell property to a third party—what this administrative case teaches.

Sheriff’s Neglect of Duty: When Failure to Implement a Writ Means Dismissal

The Supreme Court held a sheriff liable for grave misconduct and gross dishonesty for failing to implement a writ of preliminary attachment and mishandling funds.

Dismissal for Non-Compliance: When Missing Documents Doom Your Appeal

Missing pleadings in a Rule 42 petition can get your appeal dismissed. Learn the mandatory attachment rules from Atillo v. Bombay.

Sheriff's Duty in Property Attachment: Custody Rules and Misconduct Liability

Philippine Supreme Court clarifies sheriff's duty to keep attached property in custody, not deposit it with the plaintiff.

Limits of Guardianship Court Jurisdiction and Preliminary Attachment Under Philippine Law

A guardianship court exceeded its authority by issuing preliminary attachment. The Supreme Court clarifies jurisdictional limits and judicial accountability.

Sequestration vs. Attachment: Resolving Jurisdictional Conflicts Over Corporate Assets

When a sequestered company faces a collection suit, which court prevails? The Supreme Court clarifies the boundaries between PCGG sequestration and RTC attachment.

Attachment and Fraud: When Promises Fail to Secure Preliminary Remedies

Philippine Supreme Court ruling on when fraud justifies preliminary attachment and limits on dissolving the writ.

Preliminary Attachment and Corporate Officer Liability in Fraud-Based Collection Cases

Learn when Philippine courts allow preliminary attachment for fraud and when corporate officers face personal liability in collection suits.

Contractors Lien vs Preliminary Attachment: Rights in Construction Disputes

Philippine Supreme Court clarifies when a contractor's lien applies and how preliminary attachment works in construction payment disputes.

Contractor's Lien vs. Insolvency: Enforcement Rights in Construction Disputes

The Supreme Court clarifies when a contractor's lien under Article 2242 of the Civil Code can be enforced, and the proper remedy for wrongful attachment.

Writ of Preliminary Attachment: Abuse of Discretion and Judicial Misconduct

A look at a Supreme Court ruling on a judge and sheriff fined for improper issuance of a writ of attachment and misconduct.

Sheriffs' Duty in Executing Writs of Attachment: Lessons from NBI v. Tuliao

A sheriff who leaves attached property with the debtor or creditor violates Rule 57. Learn the proper way to execute writs of attachment.

Sheriffs Authority: Understanding the Limits of Property Attachment in the Philippines

Learn the limits of a sheriff's authority in property attachment in the Philippines, based on a landmark Supreme Court administrative case.

Priority of Liens: Attachment vs Execution in Philippine Law

How the Supreme Court resolved a dispute over which lien—attachment or execution—has priority over the same property.

Sheriff Misconduct: Abuse of Authority and Legal Ethics in the Philippines

Philippine Supreme Court dismisses sheriff for grave abuse of authority and extortion in enforcing writ of attachment, reaffirming strict ethical standards for court officers.