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Showing 49–72 of 86 articles for “division”

Psychological Incapacity and Conjugal Property: Understanding Marital Obligations and Asset Division in Philip

The Supreme Court clarifies when psychological incapacity voids a marriage and how conjugal assets are divided, using Laurena v. Court of Appeals.

Mortgage Foreclosure: Know Your Rights as a Subdivision Buyer

Learn when declaratory relief works for subdivision buyers facing mortgage foreclosure, and when it doesn't, from a 2008 Supreme Court ruling.

Liability FOR Negligence When Subdivision Associations Fail TO Prevent Property Encroachments

Dividing Assets After Annulment: Mortgage Validity and Property Rights in the Philippines

Philippine Supreme Court ruling on conjugal property division after annulment, mortgage validity, and the effect of compromise agreements on asset distribution.

Navigating Election Disputes: The COMELEC's Authority in Pre-Proclamation Cases

A look at Cambe v. COMELEC on the proper handling of pre-proclamation cases, including the need for division-level review and the rules on excluding election returns.

Protecting Subdivision Buyers THE Right TO Suspend Payments FOR Uncompleted Developments

Developer's Duty to Maintain Subdivision Streetlights Until Turnover

Philippine Supreme Court clarifies developer obligations for subdivision streetlight maintenance and electricity costs until turnover to local government.

Hlurb Jurisdiction Disputes Must Involve Registered Subdivisions FOR Hlurb Adjudication

HLURB Jurisdiction Limits: When Buyers Must Sue in Regular Courts

Supreme Court clarifies HLURB jurisdiction over refund and contract disputes, requiring subdivision lot allegations for agency jurisdiction.

Substituted Service of Summons: When a Security Guard Can Validly Receive It

Philippine Supreme Court rules on substituted service of summons through a subdivision security guard and its effect on court jurisdiction.

Protecting Subdivision Buyers: Contracts to Sell Must Be Registered

Philippine Supreme Court ruling clarifies that subdivision developers must register contracts to sell with the Register of Deeds under P.D. 957.

Barangay vs. Homeowners: Who Administers a Multi-Purpose Hall?

The Supreme Court clarifies the division of authority between barangays and homeowners' associations over government-funded facilities in subdivisions.

Court Division Jurisdiction Over Execution of Final Labor Decisions

Supreme Court nullifies CA ruling on labor award computation, holding only the division that decided the case may resolve execution disputes.

Easement of Right of Way: Balancing Access and Property Rights in Subdivision Developments

Philippine Supreme Court clarifies temporary easement rules for subdivision access, distinguishing preliminary injunctions from permanent rights of way.

Philippine Supreme Court Upholds Buyer Rights Subdivision Developer Must Fulfill Obligations Despite Payment S

Buyers may suspend installment payments when a subdivision developer fails to deliver promised improvements, the Supreme Court ruled in Tamayo v. Huang.

Protecting Subdivision Lot Buyers: The Developer's Duty to Develop Under PD 957

Learn how the Supreme Court protects subdivision lot buyers, requiring developers to provide facilities and pay fair market value for breach.

Homeowner Rights vs Developer Authority Clarifying Subdivision Regulations in the Philippines

The Supreme Court clarifies when a homeowner's Torrens title can be subdivided, and a bank's liability for releasing a mortgaged owner's duplicate certificate.

Defining Real Estate Jurisdiction When IS A Sale A Subdivision Under Hlurb Authority

Homeowners' Open Space Claims vs Subdivision Rules: When Laws Apply Retroactively

Supreme Court ruling on whether P.D. 957's open space requirement applies retroactively to subdivisions approved before 1976.

Protecting Subdivision Lot Buyers: The Need for HLURB Approval in Mortgage Agreements

A Supreme Court ruling explains why a developer's mortgage over subdivision lots is void without HLURB approval, and what this means for lot buyers and banks.

Judicial Overreach When Judges Overstep Bail Authority

Explore how the Supreme Court nullified a COMELEC en banc ruling for violating the constitutional rule on division jurisdiction in election cases.

Navigating COMELEC's Authority: Division vs. En Banc in Pre-Proclamation Disputes

Learn how the Supreme Court ruled on COMELEC's division vs. en banc authority in pre-proclamation cases, citing Milla v. Balmores-Laxa.

HLURB Jurisdiction vs Unlawful Detainer: Defining the Boundaries in Property Disputes

The Supreme Court clarifies when the HLURB has jurisdiction over subdivision lot disputes and when ejectment cases belong in regular courts.

Resolving Conflicting Supreme Court Decisions: The Doctrine of Law of the Case

When two Supreme Court divisions issue conflicting final rulings, the en banc resolves the impasse. Learn the law of the case doctrine.