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Showing 145–168 of 512 articles for “closure”

Closure Due to Losses: Employee Rights and Employer Obligations in the Philippines

Understand the rules on business closure due to losses in the Philippines—what employees are entitled to and what employers must do.

Usurious Interest and Foreclosure: When Unconscionable Loan Terms Void a Foreclosure Sale

A Supreme Court ruling on how excessive interest rates can invalidate a foreclosure sale, and what borrowers and lenders must know.

Appraisal Value vs. Foreclosure: Property Valuation Disputes in Mortgage Foreclosure

When can courts override government appraisals in agrarian reform? The Supreme Court clarifies just compensation rules and valuation standards.

The Duty of Disclosure: Honesty in Seafarer Employment Contracts

A Supreme Court ruling on how concealing a pre-existing illness in a seafarer's PEME can bar disability claims, even when the 3-day reporting rule is excused.

Burden OF Proof IN Deficiency Claims Banks Duty TO Substantiate Foreclosure Amounts

Injunctions and Mortgage Foreclosure: Balancing Creditor Rights and Preventing Irreparable Harm

The Supreme Court clarifies when preliminary injunctions may stop mortgage foreclosures, emphasizing that courts must protect only rights that clearly exist.

Writ of Possession and Third-Party Rights in Extrajudicial Foreclosure Sales

When can a writ of possession be issued despite a third party's possession of foreclosed property? The Supreme Court clarifies the rule.

Writ of Possession Is Ministerial: Court Limits on Judges' Discretion in Foreclosure Cases

Philippine Supreme Court clarifies writ of possession is ministerial after foreclosure, and judges who delay it face administrative sanctions.

When a Writ of Possession Is Ministerial: The Sombilon Case on Foreclosure and Lawyers' Purchase Limits

The Supreme Court clarifies when courts must issue writs of possession after foreclosure and whether lawyers may buy property from banks.

Business Closure vs Illegal Dismissal: Navigating Employee Rights in the Philippines

When is a resignation forced? Learn how Philippine labor law distinguishes voluntary resignation from illegal dismissal, based on a Supreme Court ruling.

Foreclosure on Agrarian Land: Landowner Rights and SAC Jurisdiction Clarified

The Supreme Court clarifies when landowners can claim just compensation and the limits of Special Agrarian Court jurisdiction over foreclosed agrarian properties.

Dishonesty in Public Office: The Imperative of Truthful Asset Disclosure

A Supreme Court ruling clarifies when SALN misdeclarations constitute dishonesty, not grave misconduct, and the importance of truthful disclosure.

Writ of Possession in Foreclosure: Ministerial Duty vs. Third-Party Claims

When is a writ of possession ministerial and when can third-party claims block it? The Supreme Court clarifies in Marquez v. Alindog.

The Ministerial Duty Securing Property Possession After Foreclosure in the Philippines

Philippine Supreme Court clarifies a sheriff's ministerial duty to enforce writs of execution in ejectment cases and the limits of that duty.

Writ of Possession in Foreclosure: Ministerial Duty of Courts Explained

Philippine Supreme Court clarifies the ministerial duty of courts to issue writs of possession in extrajudicial foreclosure, and the binding effect of prior judgments.

Premature Foreclosure: Protecting Mortgagors' Rights Before Default

Philippine Supreme Court rules that foreclosing a mortgage before the debtor defaults on the principal loan is void and ineffectual.

Contractual Obligations Prevail Enforcing Notice Requirements In Foreclosure Sales

When a mortgage contract requires personal notice of foreclosure, the bank must comply—or the sale may be void.

Closure Due to Serious Losses: When Separation Pay Is Not Required

Philippine Supreme Court clarifies when business closure due to serious losses exempts employers from separation pay, but still requires proper notice.

Writ of Possession After Foreclosure: When the Surplus Must Be Returned

Philippine Bank of Communications v. Yeung clarifies when a writ of possession issues after foreclosure and how sale surpluses are handled.

Foreclosure Validity: Banks Can Foreclose Despite Disputed Loan Agreements

Supreme Court ruling on when banks may foreclose despite disputed interest rates, and the legal interest that applies after default.

When Property Appraisal Cannot Delay Foreclosure: Sycamore Ventures v. Metrobank

Supreme Court rules mortgaged property appraisal value is not a prejudicial question that can suspend extrajudicial foreclosure proceedings under Act No. 3135.

Writ of Possession Is Ministerial Duty Despite Challenges to Mortgage Validity

Philippine Supreme Court ruling: a pending case questioning mortgage validity does not stop a writ of possession after foreclosure and redemption lapse.

Business Closure vs Retrenchment: Protecting Workers' Rights in the Philippines

The Supreme Court clarifies the difference between business closure and retrenchment under Philippine labor law, and when separation pay is required.

Fruits of Ownership: Who Gets Rental Income in Contested Property Foreclosures

Philippine Supreme Court rules on who keeps rental income when a foreclosed property's title is later voided for fraud.