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Showing 73–96 of 512 articles for “closure”

Buyer in Good Faith and Foreclosure Sales: When a Defective Auction Still Stands

The Supreme Court explains when a buyer in good faith can keep property even if the foreclosure sale had procedural defects.

Foreclosure Voided: Strict Compliance With Publication Requirements

Supreme Court voids foreclosure sale for lack of republication and reposting of rescheduled sale notice, affirming mandatory rules under Act No. 3135.

Condominium Foreclosure: When Does a Corporation Have Authority to Foreclose?

Supreme Court clarifies when a condominium corporation may extra-judicially foreclose a unit for unpaid assessments under the Condominium Act.

Taming Unconscionable Interest: Reassessing Loan Obligations and Attorney's Fees in Philippine Law

The Supreme Court clarifies how courts temper unconscionable loan interest rates and when attorney's fees may be awarded in foreclosure cases.

Foreclosure Sales and Repurchase Rights: Understanding Bank Discretion in Asset Disposition

Philippine Supreme Court clarifies that after the redemption period expires, former owners have no enforceable right to repurchase foreclosed property from the bank.

Immutability of Judgments in Foreclosure Interest Calculations and Redemption Rights

Supreme Court clarifies that final judgments on foreclosure interest cannot be modified, and redemption rights lapse without payment.

Interest After Foreclosure: When Contractual Obligations Continue to Run

Philippine Supreme Court clarifies when interest stops after foreclosure, emphasizing contractual obligations and the immutability of final judgments.

Environmental Protection Prevails: Citizens' Right to a Balanced Ecology Upheld

The Supreme Court affirms the writ of kalikasan, ordering the closure of Cebu's Inayawan landfill to protect residents' constitutional right to a balanced and healthful ecology.

Bank's Failure to Release Loan Funds Nullifies Foreclosure of Mortgage

Philippine Supreme Court rules a bank's breach of a credit agreement bars foreclosure, explaining borrower's reciprocal obligation to pay only arises after full release of loan proceeds.

Sovereign Immunity Prevails: City Not Liable for Closure Order Without Consent

Supreme Court rules a city cannot be sued for damages over a closure order without its consent, affirming sovereign immunity principles.

Mortgage Foreclosure: When Does the Right to Foreclose Prescribe?

Philippine Supreme Court clarifies when the prescriptive period for mortgage foreclosure begins, emphasizing the need to allege maturity dates and demand.

Pre-Existing Conditions vs Non-Disclosure: Protecting Seafarers' Rights to Disability Benefits

The Supreme Court clarifies the three-day reporting rule for seafarers claiming disability benefits under the POEA-SEC.

Reinstatement Without Backwages: Balancing Employee Rights and Employer Prerogatives in Labor Disputes

The Supreme Court clarifies when a business closure is valid, when procedural lapses only merit nominal damages, and when corporate veils may be pierced.

Writ of Possession for Subsequent Property Purchasers After Foreclosure

Learn when subsequent purchasers of foreclosed property can obtain a writ of possession, and the hearing requirement under Philippine law.

Res Judicata by Conclusiveness of Judgment Bars Relitigation of Equitable Mortgage

Final ruling that deeds of sale were equitable mortgages binds parties in later foreclosure case, explains the Supreme Court.

Writ of Possession After Foreclosure: A Ministerial Duty, Not a Discretionary Act

The Supreme Court affirms that issuing a writ of possession after extrajudicial foreclosure is ministerial once the buyer consolidates ownership, regardless of collateral challenges.

Writ of Possession Is Ministerial Duty Even If Mortgage Validity Is Challenged

Supreme Court rules writ of possession is a ministerial duty after foreclosure consolidation, regardless of challenges to mortgage validity or lender authority.

Writ of Possession in Foreclosure: When a Third Party's Claim Fails

Explains when a third party can block a writ of possession after foreclosure, and why a mere waiver of rights does not transfer ownership.

Bank Closure Suspends Obligations: Impact on B.P. 22 Cases

When a bank is closed by the Monetary Board, obligations are suspended. This ruling explains why B.P. 22 charges may fail.

When Banks Can Refuse Payment: B.P. 22 and Bank Closure in Cu v. SB Corp.

Supreme Court ruling on B.P. 22 liability when a bank is closed by the Monetary Board and placed under PDIC receivership.

When Business Closure Is Valid: Employer Prerogative vs. Employee Security

The Supreme Court explains when a company may validly close operations and terminate employees, and how workers can challenge the closure.

Mortgage Foreclosure Upholding Contractual Notice AND Loan Coverage Requirements

Supreme Court ruling on forged SPA in mortgage foreclosure, requiring lenders to verify authority and giving borrowers protection.

Filing an Annulment Case Does Not Stop the Redemption Period in Foreclosure Sales

Philippine Supreme Court clarifies that filing an annulment case does not toll the one-year redemption period in extrajudicial foreclosure sales.

When a Statement of Account Is Not Enough: Proving Deficiency Claims After Foreclosure

The Supreme Court clarifies what a creditor must prove to collect a deficiency after foreclosure—and why a bare statement of account falls short.