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Showing 1–24 of 58 articles for “demolition”

When Can a Mayor Order Demolition Without a Court Order? The Altarejos Ruling

The Supreme Court clarifies the limits of a mayor's power to order demolition without court intervention, reinforcing due process and property rights.

Falsification and Misconduct by Court Officials: Lessons from a Clerk of Court's Dismissal

A clerk of court was dismissed for falsely certifying a document and mishandling demolition funds. Learn the rules and consequences.

Understanding the Legal Boundaries of Demolition in Philippine Economic Zones

The Supreme Court clarifies when PEZA can summarily demolish structures without permits inside economic zones, and why the Ombudsman's dismissal of graft charges stood.

Burden of Proof in Property Disputes: Establishing Rights and Damages in Demolition Cases

Supreme Court clarifies that claimants in demolition cases must prove ownership and damages by preponderance of evidence.

Upholding Watershed Preservation When Ancestral Land Claims Clash With Environmental Protection In Baguio

The Supreme Court rules that pending ancestral land claims do not justify injunctions against demolition in the Busol Watershed, prioritizing environmental preservation.

Lawyer Suspended for Misconduct in Property Dispute and Illegal Demolition

SC suspends lawyer for six months for violating the Code of Professional Responsibility in a property dispute involving an illegal demolition.

Demolition and Due Process: Balancing Property Rights and Public Projects in the Philippines

The Supreme Court clarifies when demolitions may proceed without a court order under RA 7279, using the BCDA JUSMAG case.

Demolition of Illegal Structures on Public Roads: Public Welfare Over Private Interests

Supreme Court rules illegally constructed houses on public roads are nuisances that must be demolished, prioritizing public welfare over private claims.

Demolition Orders and Due Process: Key Lessons from the Alangdeo Case

The Supreme Court invalidated a demolition order in Alangdeo v. City Mayor of Baguio, reinforcing due process and legal safeguards for property owners.

Demolition Without Due Notice: The Limits of Official Action and Graft Prosecution

A look at when demolition without notice crosses the line into criminal liability, and the legal safeguards against official overreach.

Official Overreach When Good Faith Isnt A Free Pass For Illegal Demolitions

Court employee fined for stopping execution of sheriff's sale to help a friend. A lesson in official conduct.

When Sheriffs Cross the Line: Execution Without a Demolition Order

A sheriff demolished a house using only a writ of execution, without a demolition order. The Supreme Court explains the limits.

Encroachment Disputes and Land Ownership Rights: A Philippine Supreme Court Guide

The Supreme Court clarifies how registered owners can recover encroached land through accion reivindicatoria, demolition, and damages.

Sheriffs' Duty of Diligence: Liability for Erroneous Demolition

When a sheriff demolishes the wrong property, the Court holds him administratively liable. Learn the duty of care required.

Demolition Notices vs Due Process: Protecting Property Rights in the Philippines

Philippine law requires demolition notices to comply with due process. Learn the rules that protect property owners and occupants.

Court Personnel and Delay in Executing Writs: Domingo v. Malana

The Supreme Court suspended a sheriff for delaying a writ of demolition, reminding court personnel that judgments left unexecuted are rendered inutile.

Sheriffs' Duty to Execute Writs Promptly: Lessons from Domingo v. Malana

A sheriff's delay in executing a writ of demolition is administrative misconduct. Learn the rules and accountability standards from this Philippine Supreme Court case.

Sheriffs Must Execute Court Orders Promptly: Accountability in the Judiciary

A sheriff's delay in implementing a writ of demolition leads to suspension, underscoring the duty to execute court orders promptly and efficiently.

Sheriff's Overzealous Writ Execution: Grave Abuse of Authority and Citizen's Rights

When a sheriff's writ execution crosses the line into illegal detention and premature demolition, the Supreme Court steps in to protect citizens' rights.

Judgment Bindings Protecting Rights OF NON Parties IN Property Disputes

The Supreme Court ruled that demolition orders cannot bind non-parties who never had their day in court, protecting their property rights.

Sheriff's Duties in Executing Writs: Lessons from Gillana v. Germinal

Philippine Supreme Court clarifies sheriff's duties in executing writs of demolition, including proper handling of expenses and timely returns.

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.

Squatters Rights vs Government Authority: Eviction and Demolition in the Philippines

Understand when the government can evict and demolish structures, and why squatters cannot claim rights over government-owned land.

Illegal Demolition as Grave Coercion: Property Rights and Due Process in the Philippines

When does demolition become a crime? The Sy case shows how unlawful property destruction can constitute grave coercion under Philippine law.