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Showing 193–216 of 767 articles for “possession”

Proving Land Ownership: Open Possession Since June 12, 1945

Free patents require open, continuous possession since June 12, 1945, but only over alienable land. Timberland cannot be privately owned.

Chattel Mortgage Foreclosure: Lender's Duty After Repossession in the Philippines

Learn the lender's obligations after chattel mortgage foreclosure and repossession in the Philippines, including redemption rights and borrower protections.

Security of Tenure: Landowner Must Prove Grounds for Tenant Eviction Under Agrarian Reform Law

The Supreme Court clarifies that landowners bear the burden of proving lawful grounds for tenant eviction, and unlawful lease rentals cannot justify dispossession.

Land Registration: Proving Possession Since June 12, 1945 for Title Applications

Philippine Supreme Court ruling on pacto de retro sales, indispensable parties, and evidentiary weight of notarized documents in land title disputes.

Chain of Custody and Illegal Drug Possession: Ensuring Evidence Integrity

How the Supreme Court applies the chain of custody rule in drug cases, and why strict compliance with Section 21 may not always be required.

Injunctions and Property Rights: Balancing Ownership and Possession in Philippine Law

The Supreme Court clarifies when preliminary injunctions may issue, distinguishing real parties in interest from indispensable parties in property disputes.

Tolerance Ends Landowners Right Prevails Over Long Term Use In Property Dispute

Philippine Supreme Court rules that possession by mere tolerance does not ripen into ownership, and laches cannot bar a registered owner's right to recover property.

Unregistered Deeds vs Torrens Title: Who Wins Possession Disputes

Philippine Supreme Court rules registered owners or heirs beat unregistered deed holders in ejectment cases, citing Torrens title superiority.

Unregistered Deeds vs Torrens Title: Resolving Possession Disputes in Ejectment Cases

When a defendant fails to answer an unlawful detainer complaint, courts must render judgment based on the complaint's allegations, not demand preponderance of evidence.

Possession of Drug Paraphernalia: Warrantless Arrests and Chain of Custody Explained

The Supreme Court clarifies when warrantless arrests are valid and how chain of custody rules apply in drug paraphernalia cases under RA 9165.

Navigating the Chain: Establishing Drug Possession and Extortion Defenses in Philippine Law

A look at how Philippine courts weigh buy-bust evidence, chain of custody, and the disfavored defense of extortion in drug cases.

Writ of Possession: Absolute Right After Ownership Consolidation

Foreclosure buyers gain an absolute right to possession once title consolidates. The Supreme Court explains the limits of appeals and stay orders.

Possession Follows Ownership: Enforcing Writs After Foreclosure

A Supreme Court ruling clarifies that a writ of possession is a ministerial duty once title is consolidated, even against third-party claimants.

Prior Possession Prevails: Protecting Possessory Rights in Forcible Entry Cases

The Supreme Court clarifies that prior physical possession, not ownership, decides forcible entry cases, protecting occupants from unlawful ejection.

Establishing Tolerance in Unlawful Detainer Cases: The Need for Concrete Evidence

Unlawful detainer requires proof of initial lawful possession by tolerance. Learn what evidence courts require and how to avoid dismissal.

Torrens Title vs Mortgage Resolving Property Possession Disputes in the Philippines

Philippine Supreme Court ruling on which Torrens title prevails when property claims overlap, tracing validity to the mother title.

Beyond the Sale: Illegal Delivery of Drugs Under Philippine Law

The Supreme Court clarifies that handing over drugs without payment is illegal delivery under RA 9165, not mere possession.

Land Registration: Proving Open, Continuous Possession for a Clear Title

The Supreme Court clarifies what evidence is needed to prove possession for land registration under PD 1529, and when the tracing cloth plan requirement may be relaxed.

Possession Rights After Mortgage Foreclosure: Third Party Claims in the Philippines

When can third parties stop a writ of possession after extrajudicial foreclosure? The Supreme Court clarifies the rules on adverse possession.

Perfecting Land Titles: Possession Period and Government Classification Requirements

Learn the requirements for judicial confirmation of imperfect title under Philippine law, including possession since June 12, 1945 and land classification rules.

Reconveyance vs Annulment of Judgment: Lessons from Toledo v. Court of Appeals

The Supreme Court clarifies when a property dispute is a reconveyance action, not an annulment of judgment, and the rights of buyers in possession.

Foreclosure Purchaser's Right to Possession Prevails Over Pending Mortgage Disputes

Supreme Court rules foreclosure sale purchaser may take possession despite pending mortgage annulment case, clarifying Philippine real estate law.

Can Acquisitive Prescription Defeat a Torrens Title? The Dy v. Yu Ruling

The Supreme Court explains when long-term adverse possession can defeat a Torrens title, despite the system's guarantee of indefeasibility.

Writ of Possession, Third-Party Claims, and Redemption Rights in Property Disputes

A writ of possession cannot evict third parties holding property adversely to the judgment obligor. Explaining Sio Tiat King v. Lim.