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Showing 73–96 of 126 articles for “enforcement”

When Sheriffs Refuse to Execute Writs: Dereliction of Duty and the Ministerial Nature of Enforcement

A sheriff's refusal to implement a final writ of execution constitutes dereliction of duty, as explained in this administrative case against a Clerk of Court.

Balancing Property Rights and Law Enforcement: The Release of Seized Goods in Intellectual Property Cases

Philippine Supreme Court ruling on the release of seized goods in IP cases, balancing property rights and law enforcement.

Attorney's Fees in Estate Proceedings: Mandamus Not a Remedy When Fees Are Redetermined

When a probate court redetermines attorney's fees, a prior writ of execution is superseded, and mandamus cannot compel its enforcement.

Judicial Approval of Compromise Agreements: Enforcement and Jurisdiction

When a court approves a compromise agreement, it becomes a judgment enforceable by execution in the same case, not by a new lawsuit.

Condominium Assessments: Lien Enforcement and Priority in the Philippines

Learn how condominium assessment liens work in the Philippines, including registration requirements, priority rules, and enforcement limits under the Condominium Act.

Sheriff Duties in Executing Writs: Notice to Vacate and Money Judgment Enforcement

Philippine Supreme Court clarifies sheriff duties on notice to vacate and enforcing money judgments in executions, citing Rule 39.

Execution Pending Appeal in the Philippines: When 'Good Reasons' Justify Immediate Judgment Enforcement

Learn when Philippine courts allow execution pending appeal, the 'good reasons' required under Rule 39, and key lessons from Bangkok Bank vs. Lee.

Third-Party Rights in Philippine Contracts: When Can You Enforce an Agreement You Didn’t Sign?

Philippine law generally limits contract enforcement to parties, their assigns, and heirs. Learn the exception under stipulation pour autrui.

Finality of Judgments in Disbarment Cases: Enforcement and Contempt for Non-Compliance

Supreme Court enforces disbarment ruling, cites lawyer for contempt and disobedience for defying final judgment and return order.

Customs Search vs Unlawful Seizure: Limits of Airport Security

Philippine Supreme Court ruling on warrantless customs searches at airports, balancing constitutional rights against anti-smuggling enforcement.

MMDA Traffic Enforcement Powers vs Police Power: Key Limits Under RA 7924

Supreme Court clarifies MMDA's traffic enforcement powers: it can enforce but not enact traffic rules, and lacks police power.

Strict Enforcement of the 60-Day Rule in Certiorari Petitions: Prudential Guarantee v. Court of Appeals

The Supreme Court affirms dismissal of a late certiorari petition, underscoring the mandatory and inextendible 60-day period under Rule 65.

Enforcement Delayed: Prescription and Revival of Judgments in Philippine Property Disputes

A Philippine Supreme Court ruling explains the five-year and ten-year deadlines for enforcing judgments, and the consequences of delay.

Upholding Migrant Workers Act: Courts Can't Stop Enforcement Without Proof of Harm

Supreme Court rules courts cannot enjoin enforcement of the Migrant Workers Act without clear proof of irreparable injury to those challenging it.

Warrantless Arrests Based ON Tips Striking A Balance Between LAW Enforcement AND Individual Rights

Warrantless Arrests and Searches Incident Thereto: Balancing Rights and Law Enforcement in Philippine Law

The Supreme Court explains when warrantless arrests and incidental searches are valid under Philippine law, using a marijuana transport case.

Deportation and Due Process: Ensuring Fair Treatment for Foreign Nationals

The Supreme Court clarifies deportation rules for foreign nationals, balancing immigration enforcement with due process rights under Philippine law.

Sheriffs Authority and Limits in Carrying Firearms During Writ Enforcement

Supreme Court ruling on sheriffs' duties, custody of seized goods, and limits of authority in enforcing search warrants.

Execution Pending Appeal When A Partys Admission Justifies Immediate Enforcement

Sheriffs Must Execute Writs Promptly or Face Administrative Liability

Philippine Supreme Court holds sheriff liable for dereliction of duty for delayed execution of writ, emphasizing prompt enforcement of judgments.

The Perils of Premature Enforcement: Upholding Jurisdictional Boundaries in Contract Disputes

Philippine Supreme Court ruling clarifies when execution pending appeal is proper, who decides if an appeal is dilatory, and the limits of trial court authority.

Due Process and Timeliness: Strict Enforcement of Motion Hearing Rules in Philippine Courts

Philippine courts strictly enforce Rule 15, Section 5 on motion hearing dates. Learn how a pro forma motion can waive due process rights.

The Particularity Requirement Balancing Privacy and Law Enforcement in Search Warrants

Supreme Court acquits in credit card fraud case, ruling that items not listed in a search warrant and not in plain view cannot be seized or used as evidence.

Balancing Privacy and Law Enforcement: Warrantless Searches of Moving Vehicles in Drug Cases

The Supreme Court explains when warrantless searches of moving vehicles and plain view seizures are valid in drug cases.