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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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.
Written Demand and Unlawful Detainer: Protecting Landowners From Unauthorized Property Sales
A Supreme Court ruling clarifies when a written demand triggers ejectment and why an unconstitutional decree cannot justify continued possession.
Contractual Obligations Upholding Written Agreements in Property Sales
Supreme Court ruling on unlawful detainer, unconstitutional decrees, and good faith in property possession disputes.
Sheriffs Duty Strict Compliance With Rules ON Handling Funds IN Executing Court Writs
Sheriffs must strictly follow rules on handling funds in executing court writs; failure to do so constitutes misconduct.
Protecting Possessory Rights When A Writ Of Possession Clashes With Third Party Claims
Understand how Philippine courts resolve property disputes when a writ of possession faces third-party claims, based on a landmark Supreme Court ruling.
Sheriff's Duty to Execute Writs Promptly and File Periodic Reports
Supreme Court holds sheriff liable for simple neglect of duty for failing to file periodic reports on writs of execution and for disregarding expense rules.
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.
Sheriffs Must Execute Writs Promptly and File Periodic Returns: DBP v. Famero
The Supreme Court clarifies a sheriff's duty to execute writs with dispatch and file Section 14, Rule 39 periodic returns, imposing a fine for neglect.
Publication Requirement: Handwritten Amendments to Presidential Proclamations
Philippine Supreme Court rules that handwritten addenda to presidential proclamations have no legal effect unless published in the Official Gazette.
Publication Requirement Prevails: Unpublished Handwritten Addendum Has No Legal Effect
Supreme Court rules unpublished handwritten addendum to a presidential proclamation has no force of law, reaffirming the indispensable publication requirement.
Judicial Overreach Limits on Agrarian Reform Adjudicators and Due Process
A lawyer-adjudicator's suspension for issuing writs of possession before an appealed order became final, violating due process and DARAB rules.
The Writ of Amparo and Enforced Disappearances: Accountability Beyond Criminal Guilt
The Supreme Court clarifies the writ of amparo's preventive and curative roles in enforced disappearance cases, emphasizing the duty to investigate.
Perfecting Appeals Strict Compliance With Rules OF Court IS Mandatory
Learn how the Supreme Court ruled on writs of possession, third-party adverse claims, and strict procedural compliance in extrajudicial foreclosures.
Protecting Third Party Rights in Foreclosure When Possession Trumps Ownership
When a third party adversely possesses foreclosed property, courts must hold a hearing before issuing a writ of possession.
Mortgage Foreclosure: Clarifying Rights and Procedures in Disputed Property Cases
Learn how the Supreme Court clarified extrajudicial foreclosure rules, writ of possession, and procedural requirements in disputed mortgage cases.
Writ of Possession After Foreclosure: When a Purchaser's Right Is Absolute
Philippine Supreme Court explains when a foreclosure sale purchaser may demand a writ of possession and when exceptions apply.
Writ of Possession After Foreclosure: When Third-Party Claims and Pending Cases Don't Stop the Writ
Philippine Supreme Court clarifies when a writ of possession is ministerial and how pending annulment cases, third-party claims, and surplus issues affect the rule.
Contempt of Court: Safeguarding Due Process in Indirect Contempt Proceedings
The Supreme Court fined a judge P10,000 for ordering a litigant jailed for indirect contempt without a written charge, an opportunity to comment, or a hearing.
Writ OF Possession Rights OF Third Parties IN Foreclosure Sales
Void Writ of Execution: Supreme Court Nullifies Property Seizure and Auction
A void writ of execution invalidates all actions taken under it, including property levies and auction sales. Learn the rules.
The Writ of Amparo: Understanding Procedural Requirements for Protecting Constitutional Rights
A guide to the writ of amparo's procedural rules, based on De Lima v. Gatdula, explaining why strict compliance matters.
Order of Battle and the Writ of Amparo: Proving a Real Threat to Life, Liberty, and Security
The Supreme Court clarifies when inclusion in a military Order of Battle amounts to a real threat warranting amparo protection.
Brokers Entitlement to Commission: The Efficient Procuring Cause in Real Estate Sales
Philippine Supreme Court ruling on when a real estate broker earns a commission, the efficient procuring cause rule, and written authority contracts.
Balancing Security and Liberty: Understanding the Limits of Amparo and Habeas Data Petitions in the Philippine
The Supreme Court clarifies when amparo and habeas data writs may be granted, emphasizing substantial evidence over mere fears.