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Showing 97–120 of 183 articles for “annulment”

Liquidation Court Jurisdiction Over Claims Against Insolvent Banks in the Philippines

When a bank is placed under liquidation, all claims against it—including annulment and damages suits—must be filed with the liquidation court.

Annulment and Parricide: The Prejudicial Question Rule Explained

When a marriage annulment case can—and cannot—suspend a criminal case for parricide under Philippine law.

When a Lawyer's Negligence Does Not Amount to Extrinsic Fraud: Amihan Bus Lines v. Romars

The Supreme Court clarifies when a lawyer's mistakes can justify annulment of judgment, and when clients must bear the consequences.

Annulment of Judgment in Philippine Law: Why Procedural Remedies Must Come First

Philippine Supreme Court clarifies that annulment of judgment under Rule 47 requires exhausting ordinary remedies first, or the petition fails.

Certiorari as an Improper Remedy: Navigating Procedural Missteps in Foreclosure Annulment

When a final judgment can be appealed, certiorari is not available. Learn the procedural rules from a Philippine Supreme Court ruling.

Annulment of Judgment: Extrinsic Fraud and Due Diligence in Land Disputes

The Supreme Court clarifies when annulment of judgment is available, emphasizing due diligence and the limits of extrinsic fraud claims.

Prescription in Annulment Cases: When Does the Clock Start Ticking?

Philippine law on prescription periods for annulment of marriage explained, including when the prescriptive period begins and key rules.

Foreclosure Rights vs BP 22: Understanding Creditors' Remedies and Their Limits

Philippine Supreme Court clarifies that annulment of judgment is only for civil cases, not criminal convictions like swindling.

Annulment of Judgment in Criminal Cases: Llamas v. Court of Appeals

When can a criminal conviction be annulled? The Supreme Court clarifies Rule 47 applies only to civil cases, not criminal ones.

Family Home vs Creditors: When Annulment Doesn't Shield Property From Sale

Philippine Supreme Court ruling on whether a family home can be sold to settle debts after marriage annulment, and the finality of court orders.

Writ of Possession in Foreclosure: Validity and Grounds for Annulment

Learn when a writ of possession is ministerial, when redemption ends, and the remedy to annul a foreclosure sale.

Writ OF Possession Ministerial Duty Despite Pending Annulment Case

Psychological Incapacity and Marital Obligations: Understanding the Limits of Annulment in the Philippines

The Supreme Court clarifies that marital flaws, refusal, or neglect do not amount to psychological incapacity under Article 36 of the Family Code.

Separation of Proceedings: Annulment Case Cannot Delay Writ of Possession

Supreme Court rules consolidation of annulment case with writ of possession petition is grave abuse, delays foreclosure remedy.

Navigating the Boundaries of Forum Shopping: Ensuring Integrity in Legal Advocacy

A lawyer's filing of two annulment cases raises forum shopping questions. The Supreme Court clarifies the rule and its limits.

Real Action vs Annulment: How Courts Determine Proper Docket Fees in Property Disputes

Philippine Supreme Court clarifies when an annulment of sale case is a real action requiring higher docket fees based on property value.

Void Marriages NO Shortcuts TO Nullity Ensuring DUE Process AND State Protection IN Annulment Cases

When Can You Challenge a Default Judgment: Annulment and Due Process Explained

Learn when a default judgment can be annulled in the Philippines, including grounds like extrinsic fraud and lack of jurisdiction, based on a Supreme Court ruling.

Filing an Annulment Suit Does Not Extend the Redemption Period in Foreclosure

Philippine Supreme Court ruling clarifies that filing an annulment suit does not stop the redemption period in extrajudicial foreclosure.

Annulment of Judgment: Why Only Real Parties-in-Interest Can Challenge Reconstituted Titles

Explaining the Supreme Court ruling on who may file annulment of judgment in land reconstitution cases and the importance of real party-in-interest status.

Contract Validity and Prescription: Lessons from Dailisan v. Court of Appeals

The Supreme Court upheld a notarized deed of sale because the heirs failed to seek annulment within four years, and partition does not prescribe for a co-owner.

Psychological Incapacity: Defining the Limits of Annulment Under the Family Code

A Supreme Court ruling clarifies that psychological incapacity under Article 36 requires grave, incurable, and antecedent illness—not mere refusal or personality quirks.

Due Process in Bail Bond Forfeiture: Annulment of Title for Irregular Execution

When a property bond is executed without a judgment on the bond, the sale and resulting title may be void for lack of due process.

Psychological Incapacity in Annulment: Mere Difficulty vs Grave Dysfunction

The Supreme Court clarifies that ordinary marital conflict and immaturity do not amount to psychological incapacity for annulment under Philippine law.