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Showing 73–96 of 454 articles for “execution”

Execution Pending Appeal: Balancing Justice and Judicial Discretion in Philippine Courts

The Supreme Court clarifies the limits of execution pending appeal and the requirements for claiming injunction bonds in Abenion v. Pilipinas Shell.

Attorney Disbarred for Neglect and Misrepresentation in LANECO Case Faces Contempt and Execution

Supreme Court denies lawyer's bid to reopen final disbarment case, cites him for contempt and orders execution to enforce return of PHP 4.1 million.

Invalid Execution Sales: The Imperative of Proper Levy on Properties in the Philippines

A lawful levy is a prerequisite to a valid execution sale. Learn the rules from a 2016 Supreme Court ruling.

Improper Levy Voids Execution Sale Protecting Due Process in Debt Recovery

Supreme Court rules labor tribunals cannot hold corporate officers liable without summons, voiding execution sales against them.

Summary Judgment vs Trial: Protecting Rights in Contract Disputes

How the Supreme Court protects judgment debtors from irregular execution sales in contract disputes, and what it means for your rights.

Unreasonable Search Evidence Inadmissible When Legal Occupant Prevented From Witnessing Search

Search warrant execution requires lawful occupant presence; preventing them from witnessing search renders evidence inadmissible.

Supervening Events and Boracay Land Claims: Heirs of Maravilla v. Tupas

A Supreme Court ruling on how the Boracay ownership decision stopped execution of a final judgment, explained for property owners.

Boracay Land Dispute: When a Supervening Event Stops Execution of a Final Judgment

The Supreme Court explains when a supervening event can stop execution of a final judgment, using the Boracay land dispute as a case study.

Third-Party Claims in Labor Execution: Due Process and the Burden of Proof

The Supreme Court clarifies when a hearing is required for third-party claims in NLRC execution proceedings, and what claimants must prove.

Upholding Judicial Stability: No Interference with Execution of Final Judgments

A losing party cannot file a separate action to stop execution of a final judgment. The proper remedy is before the issuing court.

Eminent Domain and Execution Pending Appeal: Safeguarding Government Funds

Supreme Court rules discretionary execution pending appeal does not apply to eminent domain proceedings, protecting government funds from garnishment.

Finality of Judgment and Contempt: Disbarred Lawyer's Post-Decision Maneuvers Rejected

Supreme Court denies disbarred lawyer's bid to reopen case, cites doctrine of finality, and penalizes defiance with contempt fines and writ of execution.

Sheriff Dismissed for Grave Misconduct in Execution Sale: Lessons for Court Personnel

Supreme Court dismisses sheriff for grave misconduct in auction sale irregularities, reinforcing strict compliance with execution rules.

Final Judgment Immutability: No Compound Interest Without Explicit Decree

A final judgment cannot be modified during execution. Compounded interest requires an express decree, not mere inference from law.

Finality Doctrine VS Execution OF Costs Understanding THE Limits OF Legal Remedies

Upholding Judicial Stability THE Limits OF CO Equal Court Jurisdiction IN Property Execution

Final Judgment Immutability and Double Interest Under the Insurance Code

A final judgment cannot be altered during execution. The Supreme Court also clarifies the double interest rate under the Insurance Code.

Final Judgments Stand: Disbarred Lawyer's Bid to Reopen Case Denied

Disbarred lawyer's attempt to reopen final case denied; Court orders execution, fines, and contempt for defiance.

Sheriffs Must Enforce Writs of Execution Strictly or Face Administrative Liability

A sheriff who accepts less than the full amount stated in a writ of execution and labels it full satisfaction commits simple misconduct.

Sheriffs Duty to Remit Payments and Execute Writs Promptly: Mahusay v. Gareza

A sheriff who withholds collected payments and delays writ execution faces dismissal. The Supreme Court's ruling in Mahusay v. Gareza explained.

Sheriff's P70,000 Demand and 6-Month Delay: Supreme Court on Unauthorized Fees in Writ Execution

Supreme Court rules sheriff liable for receiving P70,000 directly and delaying writ execution, explaining proper fee procedures under Rule 141.

COMELEC Authority Over Election Officers and Execution Pending Appeal Rules

Supreme Court clarifies COMELEC's supervisory power over election officers and when courts lose jurisdiction to order execution pending appeal.

Execution Pending Appeal: Moral Damages and Attorney's Fees Excluded

Supreme Court rules moral damages, exemplary damages, and attorney's fees cannot be included in execution pending appeal. Learn the rules.

Orix v. Cardline: Final Judgments, Execution, and the Limits of Prohibition

Final judgments must be executed as written. The Court clarifies when prohibition may challenge execution and the rules on sureties and excussion.