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Showing 193–216 of 454 articles for “execution”

Execution Pending Appeal and the Motion for Reconsideration Rule

Philippine Supreme Court clarifies when discretionary execution may issue and why a pending motion for reconsideration bars it.

When Can a Court Interfere With Another Court's Judgment? Lessons From Jimmy T. Go

The Supreme Court explains the doctrine of non-interference between co-equal courts and when injunctions against execution are improper.

Execution OF Judgment When Possession Cannot BE Awarded Beyond THE Courts Original Order

Protecting Registered Landowners: Injunction Against Unlawful Property Seizure

When can a registered landowner stop a sheriff from enforcing a writ of execution? The Supreme Court explains the limits of lis pendens and the protection of Torrens titles.

Mootness Prevails: Nullification of Execution Pending Appeal After Reversal of Judgment

When the appellate court reverses the main judgment, a pending appeal over execution pending appeal becomes moot. Learn the rule.

Execution Pending Appeal in Election Protests: Court Personnel Cannot Exercise Judicial Discretion

Supreme Court clarifies that court personnel cannot exercise judicial discretion in granting execution pending appeal in election contests.

When Court Personnel Overstep: The Limits of Judicial Authority in Execution Proceedings

Philippine Supreme Court ruling on sheriffs and clerks of court who bypass judicial authority in executing judgments.

Execution Pending Appeal in Election Protests: The Pecson v. COMELEC Standard

The Supreme Court clarifies when trial courts may order execution pending appeal in election contests, and when COMELEC commits grave abuse of discretion in nullifying such orders.

Upholding Judicial Efficiency Consequences FOR Undue Delay IN Case Resolution

The Supreme Court annuls a COMELEC ruling that nullified execution pending appeal in an election protest, clarifying the standards for the remedy.

Sheriffs Duty Balancing Execution AND Reporting Obligations IN Philippine LAW

A notary public who fails to verify identity before notarizing documents faces suspension and revocation of commission.

Heirship Rights vs. Execution Sales: Protecting Inherited Property in the Philippines

Learn how the Supreme Court protects heirs' rights when inherited property faces competing claims, and what the Dela Cruz ruling means for Filipino families.

Family Home Exempt from Execution: When Courts Must Inquire Before Levy and Sale

Supreme Court voids execution sale of alleged family home, requiring trial courts to conduct proper inquiry before levying exempt properties.

Protecting the Family Home When Courts Must Investigate Exemption Claims

The Supreme Court voids a writ of execution where the trial court ignored claims that the property was an exempt family home.

Sheriffs Duty Proper Execution OF Writs AND Consequences OF Neglect

Philippine Supreme Court ruling on a sheriff's administrative liability for simple neglect of duty in executing writs.

Breach of Trust: Attorney's Ethical Duty to Account for Client Funds

A disbarred lawyer's failure to return client funds leads to indirect contempt and a writ of execution, underscoring lawyers' duty to account.

Ministerial Duty vs Discretion: When Clerks of Court Must Obey Orders

A clerk of court cannot refuse to issue a writ of execution based on personal doubts about a judge's order. The Supreme Court explains why.

Protecting Children's Rights, Conjugal Property, and Execution of Judgments

When can a conjugal property be sold to pay a spouse's personal debt? The Supreme Court clarifies the limits of execution against family assets.

Debt Recovery Execution: Waiver of Demand and Proving Overlevy

Learn when a sheriff's failure to demand payment is excused and how to prove overlevy in execution sales under Rule 39.

When Can the Ombudsman Intervene in Appeals of Its Decisions

The Supreme Court clarifies the Ombudsman's right to intervene in appeals of its administrative decisions and the effect of appeals on execution.

Compromise Agreements and the Limits of Technicalities in Enforcing Judgments

A debtor's repeated legal maneuvers cannot suspend the enforcement of a valid compromise agreement approved by the court. The Supreme Court clarifies the rules on execution and prescription.

Overt Acts and Attempted Rape: Delineating Intent and Execution

The Supreme Court clarifies when an accused's overt acts amount to attempted rape, not a lesser offense, in Rait v. People.

Sheriffs Must Follow Execution Rules: Grave Misconduct Case Lessons

When sheriffs demand unauthorized fees and adjourn sales without consent, they commit grave misconduct. Learn the rules from a Supreme Court ruling.

Motion Denied: Strict Enforcement of Notice Requirements in Lifting Property Levies

Philippine Supreme Court ruling on quieting title, property levies, and the strict enforcement of redemption periods after execution sales.

Prompt Payment Prevails: Execution Pending Appeal in Agrarian Reform Cases

When can a landowner get execution pending appeal in agrarian reform cases? The Supreme Court explains the of just compensation, and whether the reasons cited constituted "good reasons" under the Rule