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Showing 73–96 of 168 articles for “unlawful detainer”

Demand Is Key: Determining the Prescription Period for Unlawful Detainer in the Philippines

Learn how the Supreme Court ruled that the one-year period for unlawful detainer is counted from the last demand to vacate, not from the date of non-payment.

Mortgage Agreements Upholding Contractual Obligations AND Protecting Borrowers Rights

This article examines the Supreme Court's ruling in Go v. Looyuko on unlawful detainer, Torrens title, and the limits of ownership claims in ejectment cases.

Possession vs Ownership: Resolving Ejectment Disputes Under Philippine Law

Philippine Supreme Court clarifies that in unlawful detainer cases, courts may provisionally rule on ownership to determine who has the right to possess property.

Possession vs Ownership in Ejectment Cases: The Rule on Supervening Events

Learn how the Supreme Court treats claims of ownership acquired after an unlawful detainer judgment, and why possession remains the sole issue in ejectment cases.

Co-Owner's Right to File Ejectment: Clarifying Philippine Rules on Co-Ownership and Unlawful Detainer

Can one co-owner file ejectment without joining others? The Supreme Court clarifies co-owners' rights under Article 487 in Catedrilla v. Lauron.

Ejectment vs. Accion Publiciana: Why Courts Dismiss Unlawful Detainer Cases

The Supreme Court clarifies when an ejectment case fails and why "tolerance" must be proven, not just alleged.

Failure to Prove Actual Possession Dooms Unlawful Detainer Claim

In unlawful detainer cases, the plaintiff must prove actual possession by preponderance of evidence. The Supreme Court explains why.

Supreme Court Fines Judge for Undue Delay in Unlawful Detainer Case

Learn when a judge's delay in holding preliminary conference becomes administrative liability, from a 2012 Supreme Court ruling.

Tenant Estoppel and Tacita Reconduccion in Unlawful Detainer: Samelo v. Manotok Services

Philippine Supreme Court ruling on tenant estoppel, implied lease renewal, and interest in unlawful detainer cases.

The Tenant's Dilemma: Estoppel in Unlawful Detainer Cases

When a lease expires, a tenant cannot deny the landlord's title. Learn how estoppel and implied lease work in Philippine ejectment cases.

Determining the Reckoning Point for Unlawful Detainer Actions: The Significance of the Final Demand to Vacate

Philippine Supreme Court clarifies that the one-year period for unlawful detainer is counted from the last demand to vacate, not lease expiration.

Unlawful Detainer in the Philippines: Why Possession Beats Ownership in Ejectment Cases

In ejectment cases, physical possession matters more than ownership. Learn the rule from Barrientos v. Rapal.

Unlawful Detainer and Barangay Conciliation: Why Judges Must Follow Summary Procedure

A judge's referral of an unlawful detainer case to barangay conciliation violated the Rules on Summary Procedure, resulting in a fine for gross ignorance of the law.

When Barangay Conciliation Delays Summary Procedure: A Lesson from Diaz v. Gestopa

A judge's referral of an unlawful detainer case to barangay conciliation violated the Rules on Summary Procedure, resulting in administrative liability.

Why Judges Cannot Delay Summary Procedure Cases: Lessons from Diaz v. Gestopa

A judge's referral of an unlawful detainer case to barangay conciliation delayed summary proceedings and resulted in administrative liability.

Forcible Entry vs Unlawful Detainer: Why Choosing the Right Ejectment Case Matters

Learn the difference between forcible entry and unlawful detainer, and why proving tenancy is key in ejectment cases.

Attorney-in-Fact Can Sign Forum Shopping Cert; Ejectment Rules Explained

SC rules attorney-in-fact may sign certification against forum shopping in ejectment suits; explains unlawful detainer rules, demand, and ownership.

The Perils of a Forgotten Address: Finality of Judgments and Due Notice in Philippine Law

The Supreme Court nullified an unlawful detainer judgment because substituted service of summons was defective, reminding litigants that proper notice is vital.

Tolerance Ends Unlawful Detainer Actions and Property Rights in the Philippines

Philippine Supreme Court clarifies when tolerated possession becomes unlawful detainer, and how property owners can recover possession.

Unlawful Detainer Jurisdiction: How Complaint Allegations Determine Ejectment Cases

Learn how complaint allegations, not defenses, determine jurisdiction in unlawful detainer cases, based on a 2010 Philippine Supreme Court ruling.

Barangay Conciliation: The Key to Unlawful Detainer Cases in the Philippines

Learn why barangay conciliation is a mandatory prerequisite before filing unlawful detainer cases, based on a Supreme Court ruling.

Refusal to Accept Notices Upholds Lessor's Rights in Unlawful Detainer Cases

A lessee's refusal to accept notices to vacate cannot defeat a lessor's right to recover possession in unlawful detainer cases.

Unlawful Detainer vs. Accion Publiciana: How Courts Determine Jurisdiction in Property Disputes

The Supreme Court clarifies when a case is unlawful detainer (MTC) or accion publiciana (RTC), based on the complaint's allegations.

Possession by Tolerance and Unlawful Detainer: Jurisdiction in Philippine Courts

Philippine Supreme Court clarifies when possession by tolerance triggers unlawful detainer jurisdiction in the MTC, not the RTC.