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.
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).
Aug 24, 1998writ of demolitionsheriff dutiesdue processmotion for reconsiderationexecution of judgmentsphilippine jurisprudence
Premature Writ of Demolition: Due Process and the Sheriff's Duty in Philippine Execution
When can a sheriff implement a writ of demolition, and what happens when a motion for reconsideration is pending? The Supreme Court's ruling in A.M. No. P-98-1268 offers guidance.
Writ of Possession in Expropriation: When Demolition Is Implied | Philippine Law
In expropriation cases, a writ of possession can include the power to demolish structures. Learn the rule from Knecht v. Desierto.