Legal Insights
Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.
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Possession and Due Process: Protecting Third-Party Rights in Foreclosure Proceedings
Supreme Court rules an ex-parte writ of possession cannot eject third-party possessors not in privity with the mortgagor.
Writ of Possession Is a Ministerial Duty of Courts in Foreclosure Cases
In Chailease Finance v. Spouses Ma, the Supreme Court ruled that issuing a writ of possession after foreclosure is a ministerial duty, not a discretionary act.
Writ of Possession in Foreclosure: What Third-Party Claimants Must Know
Learn how the Supreme Court ruled on writs of possession in foreclosure sales and what third-party claimants must do to protect their rights.
Writ of Possession in Foreclosure: Bank Rights Prevail Over Third-Party Claims
Learn how the Supreme Court ruled that a writ of possession in extrajudicial foreclosure is ministerial, and third-party claimants must use proper remedies.
Foreclosure Sales: Filing an Appeal Does Not Stop a Writ of Possession
Philippine Supreme Court clarifies that an appeal against a writ of possession in extrajudicial foreclosures does not stay its implementation.
Writ of Possession in Foreclosure: Ministerial Duty vs. Legal Obstacles
Explaining when a writ of possession is a ministerial duty in extrajudicial foreclosure and when legal challenges can block it.
Foreclosure and the Right to Possession: Protecting Bank Assets in Liquidation
A bank in liquidation can still seek a writ of possession over foreclosed property. Learn the rules on jurisdiction, intervention, and redemption.
Writ of Possession: Buyer's Right After Foreclosure Despite Pending Disputes
After foreclosure and failed redemption, a property buyer can obtain a writ of possession even if the former owner raises objections. Learn the rules.
Finality of Writ of Possession in Foreclosure: Res Judicata in Philippine Property Law
Understand how res judicata bars relitigation of a writ of possession in foreclosure cases, based on a 2000 Supreme Court ruling.
Writ of Possession in the Philippines: When Can a Bank Take Your Property
Learn when banks can take property in the Philippines through writs of possession, and how agrarian reform rights affect foreclosure cases.
Expropriation and Writ of Possession: What the 1997 Rules Changed
Learn how the 1997 Rules of Court streamlined expropriation, making writs of possession ministerial upon deposit of assessed value.
Eminent Domain: Necessity, Procedure, and the Writ of Possession in Philippine Law
The Supreme Court explains when the government may expropriate private land, the necessity requirement, and the rule on writs of possession.
Hlurb Jurisdiction Prevails Ensuring THE Right Forum FOR Land Dispute Resolution IN THE Philippines
Learn how the Supreme Court clarified expropriation rules under the 1997 Rules of Civil Procedure, including writ of possession and just compensation requirements.
Expropriation in the Philippines: Provisional Deposit and Writ of Possession Explained
Understand how the 1997 Rules on expropriation allow the government to take property upon depositing assessed value, and what this means for owners.
Writ of Possession in Eminent Domain: Why Immediate Government Possession Is Key
Learn how the Supreme Court ruled that courts must issue writs of possession promptly in expropriation cases under, even if the government already occupies the property.
Writ of Possession in Expropriation: When Demolition Is Implied | Philippine Law
In expropriation cases, a writ of possession can include the power to demolish structures. Learn the rule from Knecht v. Desierto.
Sheriff's Duty and Time Limits for Enforcing a Writ of Possession in the Philippines
Explaining the 60-day rule for enforcing writs of possession, the effect of court orders, and a sheriff's liability for delay.
Res Judicata and Writs of Possession: Protecting Property Rights in Foreclosure Disputes
A writ of possession is not a judgment on the merits, so it does not bar a later action to annul a foreclosure. Learn the rule.
Mortgage Foreclosure Surplus: Mortgagor Rights to Excess Bid Proceeds in the Philippines
Philippine Supreme Court ruling on mortgagor rights to surplus proceeds from extrajudicial foreclosure sales and writ of possession.