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Showing 1–24 of 55 articles for “tolerance”

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.

Unlawful Detainer: How Tolerance Affects Property Rights in the Philippines

Learn how tolerated occupancy can become unlawful detainer when the owner withdraws permission, based on a 2023 Supreme Court ruling.

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.

Unlawful Detainer Dismissed: Proving Tolerance and the One-Year Rule in Ejectment Cases

Learn when an unlawful detainer case fails: proving tolerance, demand periods, and the proper action to recover possession.

Understanding Unlawful Detainer When Tolerance Turns Into Legal Disputes Over Property

The Supreme Court clarifies when tolerated possession in unlawful detainer cases must begin and how co-ownership affects ejectment suits.

Proving Tolerance in Unlawful Detainer: A Landmark Lesson from the Supreme Court

The Supreme Court clarifies the burden of proving tolerance in unlawful detainer cases. Learn the key evidence rules for ejectment disputes.

Unlawful Detainer and Tolerance: When Permission Isn't Enough to Eject

Philippine Supreme Court clarifies that in unlawful detainer cases, tolerance must exist from the start of possession or the case fails.

Understanding Unlawful Detainer When Tolerance Isn't Enough to Evict

When a contract to sell governs possession, a seller cannot evict via unlawful detainer without first complying with RA 6552's cancellation rules.

Understanding Unlawful Detainer When Tolerance Must Be Proven in Property Disputes

The Supreme Court explains when an owner cannot use unlawful detainer to evict occupants without proving clear tolerance or permission.

Tolerance in Unlawful Detainer: Proving Consent for Possession

Philippine Supreme Court clarifies that mere silence or inaction is not tolerance; owners must prove positive acts of consent in unlawful detainer cases.

Unlawful Detainer: Proving Prior Tolerance to Win an Ejectment Case

Learn the four requisites of unlawful detainer and why proving prior tolerance is key to winning an ejectment case in the Philippines.

Tolerance in Unlawful Detainer: Mere Inaction Is Not Enough

Landlord or owner silence after a waiver does not prove tolerance in unlawful detainer. The Supreme Court explains what must be shown.

Unlawful Detainer: The Imperative of Alleging Tolerance in Ejectment Suits

Philippine Supreme Court ruling on why tolerance must be alleged in unlawful detainer cases to establish jurisdiction.

Unlawful Detainer: Proving Tolerance Is Key to a Successful Ejectment

Philippine Supreme Court explains why owners must prove tolerance to win an unlawful detainer case, and what happens when they fail.

Unlawful Detainer Complaints: Why Alleging Tolerance Matters for Jurisdiction

The Supreme Court explains why an unlawful detainer complaint must allege initial lawful possession by tolerance—or the case fails for lack of jurisdiction.

Possession vs Ownership: Resolving Land Disputes Through the Proper Legal Action

Philippine Supreme Court clarifies when to file unlawful detainer versus accion publiciana, and why bare allegations of tolerance are not enough.

Unlawful Detainer: Tolerance vs. Right of Possession in Property Disputes

Philippine Supreme Court clarifies that in unlawful detainer cases, mere tolerance by the owner establishes possession, and ownership issues cannot be collaterally attacked.

Tolerance Ends Land Recovery and the Limits of Procedural Technicalities in Property Disputes

Philippine Supreme Court ruling on recovery of possession, tolerance, and why procedural technicalities cannot defeat a registered owner's substantive rights.

Unlawful Detainer When Initial Objection Voids A Claim OF Tolerance

Supreme Court ruling on unlawful detainer, lease renewal options, and binding successors-in-interest in property law.

Possession by Tolerance: Key to Winning Unlawful Detainer Cases

The Supreme Court clarifies how possession by tolerance works in ejectment cases and why it matters for property owners and occupants.

Ejectment Cases: Proving Tolerance and the Limits of Possession Claims

Philippine Supreme Court ruling on unlawful detainer, tolerance, and why ownership claims don't decide who keeps physical possession.

Unlawful Detainer: Why Timely Action and Consistent Claims Matter

Learn how the Supreme Court in Reyes v. Heirs of Forlales clarified the one-year rule in unlawful detainer cases and the limits of mere tolerance.

Tolerance Doctrine Limits Permissive Occupation of Registered Land

Explore how the Supreme Court applied the tolerance doctrine in DepEd v. Casibang, protecting registered owners' rights against laches claims.

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.