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Showing 145–168 of 237 articles for “demand”

Unlawful Detainer Demand TO Vacate IS Jurisdictional

Unlawful Detainer Cases: Jurisdiction, Demand Requirements, and the Perils of Procedural Lapses

Understand the Laraño v. Calendacion ruling on unlawful detainer jurisdiction, demand requirements, and why procedural compliance matters in ejectment cases.

Court Personnel Dismissed for Extorting Money From Litigant: A Lesson in Judicial Integrity

Process server dismissed for grave misconduct after demanding money to "fix" a case. The Supreme Court reaffirms that public office is a public trust.

Sheriff's Extortion Scheme in Execution of Demolition Order Draws Grave Misconduct Penalty

A sheriff who demanded P50,000 to delay a demolition and proceeded despite a court order was held liable for grave misconduct.

When a Lawyer Takes Fees but Does Nothing: Disbarment Lessons from Small v. Banares

A lawyer who takes a client's money but files no case and ignores demands faces suspension. Learn the rules on attorney accountability.

Prior Possession and Ejectment: When Tolerance Turns Into Unlawful Detainer

Learn how prior possession, tolerance, and demand letters determine whether an ejectment case is forcible entry or unlawful detainer.

Tolerance Ends Unlawful Detainer AND Property Rights IN THE Philippines

When does tolerated possession become unlawful detainer? The Supreme Court clarifies the rules on jurisdiction, demand, and ownership claims.

Premature Partition: Estate Settlement Before Property Distribution

When heirs can and cannot demand partition of a decedent's property before estate settlement proceedings are completed.

Sheriffs Overreach Limits To Public Service And Ethical Conduct In The Philippine Judiciary

A sheriff who prepares demand letters for private parties exceeds his authority and commits misconduct, says the Supreme Court.

Breach of Contract Upholding Rescission Rights in Land Sales

When a buyer defaults on a land sale agreement, the seller may validly rescind. The Supreme Court explains the limits of a buyer's right to demand execution of a contract.

Dismissal for Habitual Tardiness: Upholding Efficiency and Public Trust in the Judiciary

The Supreme Court dismisses a repeat offender for habitual tardiness, affirming that public office is a public trust demanding strict observance of working hours.

Demand NOT Always Needed When Philippine Banks CAN Foreclose Without Prior Notice

Philippine Supreme Court clarifies when banks may foreclose without prior demand, and limits on preliminary injunctions against foreclosure.

Interest on Maritime Liens in the Philippines: When Does the Clock Start Ticking?

Philippine Supreme Court clarifies when legal interest on a maritime lien begins to accrue—from extrajudicial demand, not from foreclosure sale.

Chain of Custody Is Key: How Mishandled Evidence Can Undermine Drug Cases in the Philippines

A Supreme Court ruling shows how poor court records management delays justice, and why drug cases demand stricter handling of evidence and dockets.

Integrity Under Scrutiny: Dismissal for Dishonesty in the Philippine Judiciary

A sheriff's dismissal for dishonesty, grave misconduct, and neglect of duty underscores the high ethical standards demanded of court personnel.

Sheriff’s Duties and the Boundaries of Conduct in Foreclosure Sales

A sheriff’s fee demand before an auction can breach decorum. The Court fines a sheriff for conduct that put the judiciary in a compromising light.

Can a Bank Reverse Its Acknowledgment of Full Payment? Philippine Law Explained

Philippine Supreme Court ruling on whether a bank can correct a mistaken acknowledgment of full loan payment and demand the balance.

Delegation of Authority in Tax Assessments: When a Subordinate's Demand Letter Becomes Final

Learn when a demand letter from a BIR subordinate officer counts as the Commissioner's final decision on a protested tax assessment, and why timing matters.

Choosing Foreclosure Vendor Cant Demand Unpaid Balance After Seizing Property

Philippine Supreme Court ruling: a vendor who forecloses a chattel mortgage cannot also sue for the unpaid balance. Article 1484 explained.

Tolerance Ends Unlawful Detainer: Landowner Rights in the Philippines

A Supreme Court ruling clarifies that courts may provisionally pass on a plaintiff's death in ejectment cases, and tolerated possession ends upon demand to vacate.

Judicial Accountability: Habitual Absenteeism and Public Trust in the Judiciary

The Supreme Court dismissed a process server for habitual absenteeism, affirming that public office is a public trust demanding accountability.

Court Personnel Cannot Use Official Position to Send Private Demand Letters

Supreme Court rules court employees who send private demand letters using court letterheads and franking privileges commit simple misconduct.

Court Employee's Dismissal for Soliciting Money from Litigant Upheld

Court personnel who demand money from litigants face dismissal. The Supreme Court explains the penalties and rules in Buyag v. Caliwag.

When a Spouse's Sale of Conjugal Property Without Consent Is Valid

The Supreme Court explains when a sale of conjugal property by one spouse without the other's consent stands, and when heirs can still demand partition.