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Showing 1–24 of 767 articles for “possession”

Unwritten Land Sales in the Philippines: When Possession and Improvements Matter

The Supreme Court clarifies when an unwritten sale of land can be enforced, focusing on possession, improvements, and partial performance under Philippine law.

Unlawful Detainer vs Forcible Entry: Key Distinction in Property Possession Disputes

The Supreme Court clarifies the crucial difference between unlawful detainer and forcible entry, and why tolerance must exist from the start of possession.

Good Faith Defense for Security Guards in Illegal Firearm Possession Cases

Supreme Court acquits security guard who relied on Duty Detail Order, ruling good faith is a valid defense in illegal firearm possession cases.

When Can a Writ of Possession Be Challenged? Property Rights Explained

A recent Supreme Court ruling clarifies when buyers of condominium units or parking slots can challenge a writ of possession issued after foreclosure.

Native Title vs. Statutory Rights: Land Ownership in Baguio City After the IPRA Exemption Ruling

The Supreme Court clarifies that Baguio City is exempt from the IPRA, except for native title claims based on time immemorial possession.

Forcible Entry vs Unlawful Detainer: Key Rules on Property Possession Disputes

The Supreme Court clarifies the distinction between forcible entry and unlawful detainer, and the proper remedy for appealing possession cases.

Chain of Custody in Drug Cases: How a Judicial Admission Can Affect Your Rights in the Philippines

A judicial admission can excuse gaps in the chain of custody—but only up to a point. Learn how the Supreme Court applied this rule in a drug possession case.

Forcible Entry and Prior Physical Possession: Protecting Occupants Against Owners

Explore the Supreme Court's ruling in Magsi v. Heirs of Lopez, Jr. on forcible entry, prior physical possession, and ejectment law in the Philippines.

Unlawful Arrests and Illegal Searches: Protecting Constitutional Rights in Firearm Possession Cases

The Supreme Court acquits a man convicted of illegal firearm possession, ruling that a warrantless search based on a traffic violation and a hunch violates constitutional rights.

Land Title Registration in the Philippines: Navigating Ownership Complexities

The Supreme Court clarifies how RA 11573 affects land registration applications, shortening the possession period to 20 years before filing.

Possession of Fake Currency in the Philippines: Knowledge and Intent Under Article 168

Philippine law punishes possession of counterfeit currency only when knowledge and intent to use are proven. The Supreme Court clarifies this in a recent ruling.

Writ of Possession, Third-Party Claims, and the Limits of Ministerial Duty in Foreclosure Cases

When a third party claims rights over foreclosed property, the writ of possession is no longer ministerial—but only if that claim is truly adverse.

Unlawful Search and Seizure: Protecting Constitutional Rights in Firearm Possession Cases

The Supreme Court acquits a man convicted of illegal firearm possession, clarifying the limits of warrantless searches and the right against unreasonable searches.

When Can a Writ of Possession Be Challenged? Supreme Court Clarifies

The Supreme Court nullified a writ of possession in an NGCP expropriation case, ruling that trial courts must first determine the expropriator's authority before issuing the writ.

Tolerance vs Title: Resolving Possession Disputes in Unlawful Detainer Cases

When does tolerated possession become unlawful detainer? The Supreme Court clarifies that a notice of adverse claim does not defeat a prior possessor's right to eject occupants.

Plain View Doctrine Upholds Warrantless Seizure in Illegal Firearm Possession

The Supreme Court affirms that a firearm seen tucked in a suspect's waist during a lawful police response falls under the plain view doctrine.

Possession Rights Balancing Property Sales AND Building Occupation

Supreme Court ruling on when a buyer of land can keep occupying a building pending title issuance, and when attorney's fees are unwarranted.

Writ of Possession: Ministerial Duty vs Third-Party Adverse Claims in Foreclosure Sales

The Supreme Court clarifies when a writ of possession is ministerial and when third-party adverse claims can stop it.

Unlawful Possession of Firearms: What You Need to Know Under Philippine Law

The Supreme Court clarifies the rules on illegal possession of firearms under RA 10591, including penalties and the effect of acquittal in related drug cases.

Accion Publiciana in the Philippines: Recovering Possession of Real Property

Learn how accion publiciana works in the Philippines, when to file it, and what the Ontiveros case means for property owners seeking to recover possession.

Land Ownership, Citizenship, and Caretaker Claims: Lessons from Morales v. De Guia

A caretaker's long possession of property does not ripen into ownership, and losing Filipino citizenship does not forfeit vested land rights.

When Government Takes Property Without Expropriation: Just Compensation Over Possession

Philippine Supreme Court clarifies that when government occupies private land without expropriation, owners may receive just compensation instead of physical return.

Accretion and Forcible Entry: Why Prior Physical Possession Beats Title

In forcible entry cases over accreted land, the Supreme Court rules that prior physical possession, not mere ownership of adjacent titled property, is decisive.

Guilt Beyond Doubt: Conspiracy and the Comprehensive Dangerous Drugs Act

The Supreme Court affirms drug convictions, explaining conspiracy, possession, and chain of custody under RA 9165.