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.

Showing 124 of 31 articles for sheriff

Franking Privilege Misuse: When Court Personnel Face Misconduct Charges

The Supreme Court clarifies when misuse of the franking privilege constitutes simple misconduct for court personnel, with key lessons on official resources.

Sheriff’s Abuse of Authority: Protecting Your Property Rights in the Philippines

Learn the limits of a sheriff’s authority under Rule 39 and how the Supreme Court protects property rights in Ignacio v. Balading.

Alias Writs of Execution: When Can a Second Debt Collection Attempt Be Stopped?

Learn the rules on alias writs of execution in the Philippines, the limited grounds to oppose them, and key lessons from a recent Supreme Court ruling.

Third-Party Claims in Labor Disputes: Protecting Assets from Wrongful Levy

Learn how the Supreme Court protects third-party asset owners from wrongful levy in labor dispute executions, and the proper remedies available.

Enforcing a Philippine Judgment: Time Limits, Property Levies, and Revival

Learn the 5-year rule for executing judgments in the Philippines, how to revive a dormant judgment, and what property a sheriff can levy.

Due Process and Summons: Supreme Court Ruling on Unresolved Motions for Reconsideration

The Supreme Court clarifies that ignoring a motion for reconsideration violates due process, while explaining how courts acquire jurisdiction over defendants.

Timely Intervention and Jurisdictional Limits in Philippine Estate Proceedings

Learn how the Constantino case clarifies intervention rules and probate court limits in Philippine estate proceedings.

AWOL and Dropping from the Rolls: Employee Rights Under Philippine Law

Learn the rules on AWOL in the Philippine civil service, including the 30-day rule, non-disciplinary separation, and employee rights.

Valid Service of Summons in Foreign Judgment Recognition: Key Lessons from Express Padala v. Ocampo

Philippine Supreme Court ruling on invalid substituted service of summons in foreign judgment recognition, and its due process implications.

Third-Party Claims in Property Execution: PSALM v. Maunlad Homes Explained

Learn how Philippine law protects third-party property owners from wrongful levy during judgment execution, based on PSALM v. Maunlad Homes.

Levy on Mortgaged Property in the Philippines: Sheriff's Duties Explained

Philippine Supreme Court clarifies that sheriffs may levy mortgaged properties to satisfy judgments, as debtors retain beneficial ownership until foreclosure.

Partial Redemption in Philippine Foreclosure: Can You Redeem Select Properties?

Philippine law allows partial redemption of foreclosed properties. Learn the rules, limits, and practical implications from a key Supreme Court ruling.

Custodia Legis and Garnishment: The BSP v. Judge Lanzanas Ruling

Funds in custodia legis cannot be garnished without court approval. The Supreme Court's ruling in BSP v. Judge Lanzanas explains why.

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 a Security Guard Can Validly Receive Summons: The Robinson v. Miralles Doctrine

The Supreme Court ruled that substituted service of summons through a security guard can be valid when a defendant obstructs personal service.

Demolition of Illegal Structures: When a Court Order Is Required in the Philippines

Philippine law generally requires a special court order before a city may demolish existing structures, even those built without permits. Learn the rules.

Sheriff’s Neglect of Duty: When Failure to Implement a Writ Means Dismissal

The Supreme Court held a sheriff liable for grave misconduct and gross dishonesty for failing to implement a writ of preliminary attachment and mishandling funds.

Third-Party Claims in Philippine Execution Sales: Protecting Your Property

Learn how spouses and third parties can protect their property from wrongful execution sales in the Philippines, based on the Supreme Court's ruling in Naguit v. Court of Appeals.

Reviving Expired Judgments in the Philippines: The Terry Case and Contempt Limits

Learn when Philippine judgments expire, how to revive them, and why contempt cannot enforce stale court orders under the Terry ruling.

Employer Subsidiary Liability in Philippine Criminal Law: The Catacutan Doctrine

Philippine employers can be held subsidiarily liable for damages from employees' criminal negligence. Learn the rules from Catacutan v. Heirs of Kadusale.

Demolition Requires Special Court Order: Morta v. Sañez and Due Process

A writ of execution does not authorize demolition. A special court order after notice and hearing is required under Rule 39, Section 10(d).

Sheriff’s Authority in Property Levy: What Francisco v. Cruz Teaches About Execution Sales

Learn how Francisco v. Cruz defines a sheriff’s limits in property levy and execution sales, and how to protect your rights.

Execution of Judgment in Ejectment Cases: Why the Court of Origin Matters

In ejectment cases, execution of an affirmed judgment generally belongs to the trial court of origin, not the appellate court. A Supreme Court ruling clarifies why.

Legal Interest in Philippine Judgments: Simple vs. Compound Interest Explained

Philippine courts apply simple legal interest on monetary judgments unless compound interest is explicitly stipulated. Learn the rules from David vs. Court of Appeals.