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Showing 1–24 of 566 articles for “writ”

Co-Owner Redemption: When Written Notice Can Be Dispensed With

The Supreme Court clarifies when a co-owner's right of legal redemption is barred despite absence of written notice under Article 1623.

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.

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.

Enforced Disappearance and the Writ of Amparo: What the Tayo Ruling Means

The Supreme Court reaffirms the Writ of Amparo as a remedy for enforced disappearance, holding police accountable for failing to investigate.

Enforced Disappearance Safeguarding Rights Under THE Writ Of Amparo In The Philippines

The Supreme Court clarifies the scope and remedies under the writ of amparo, reinforcing protections against enforced disappearances.

Sheriff's Duty in Writ Execution: Avoiding Neglect and Misconduct

A sheriff who delays writ execution and receives litigant money faces administrative liability, as shown in this 2024 Supreme Court ruling.

Speedy Trial Rights When Prolonged Detention Justifies A Writ Of Habeas Corpus IN THE Philippines

Philippine Supreme Court explains when prolonged detention violates speedy trial rights and justifies a writ of habeas corpus.

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.

Protecting Human Rights Understanding THE Writs OF Amparo AND Habeas Data IN THE Philippines

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.

Red-Tagging and the Writ of Amparo: Protecting Rights in the Philippines

The Supreme Court clarifies when red-tagging can justify a writ of amparo, reversing a trial court's outright dismissal of an activist's petition.

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.

Writ of Kalikasan Requires Concrete Evidence, Not Speculation: Water for All Refund Movement Case

The Supreme Court clarifies that a Writ of Kalikasan demands concrete evidence of environmental harm, not mere speculation or unsubstantiated allegations.

Writ of Kalikasan: Supreme Court Requires Concrete Evidence, Not Mere Allegations

The Supreme Court clarifies that Writ of Kalikasan petitioners must present concrete evidence linking a defendant's acts to environmental damage, not just allegations.

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.

Rape Conviction Upheld: Jurisdictional Challenges and Circumstantial Evidence

Supreme Court affirms rape conviction, clarifying that a prosecutor's lack of written authority does not defeat a court's jurisdiction and that circumstantial evidence can prove carnal knowledge.

Restrictions on Contractual Rights: The Necessity of Consent in Deed of Assignment

Philippine Supreme Court rules on when a deed of assignment of receivables is unenforceable against the obligor without written consent.

Oral Partition of Inheritance: Proving Verbal Agreements in Philippine Law

The Supreme Court clarifies when an oral partition of inherited property can override a written extrajudicial settlement, and what evidence is needed.

Accountability Beyond the Trigger: Command Responsibility in Amparo Cases

The Supreme Court clarifies how command responsibility applies in writ of amparo cases involving extrajudicial killings, extending accountability beyond the actual perpetrators.

When Tax Rulings Become Final: Prohibition, Forum Shopping, and the Hierarchy of Courts

The Supreme Court clarifies when a writ of prohibition may be filed directly with the Court of Appeals despite the hierarchy of courts rule.

Finality of Dismissal and Due Process in Sequestration Cases

When a sequestration case is dismissed with finality, the writ dissolves and property must be returned, upholding due process.

Agricultural Tenancy Bars Foreclosure Writ of Possession: Land Bank v. Basilan

The Supreme Court rules that agricultural tenancy is a valid third-party claim that suspends a writ of possession over foreclosed land.

Lifting of Mining Closure Orders Revives Writ of Kalikasan Petitions

Supreme Court rules that lifting DENR closure orders revives environmental claims, keeping Writ of Kalikasan petitions alive.

Upholding COA Authority: PDIC Condonation of Bank Debts Disallowed

Supreme Court affirms COA disallowance of PDIC's P1.98 billion condonation and write-off of bank debts, holding PDIC Board liable.