Monday, April 24, 2017

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The following observation of this Court in Golding vs. Balatbat , 4 is applicable to the case before us: The very foundation of the ju...

The primary issue posed before the Court, in this appeal by certiorari from a decision 1 of the Court of Appeals, is whether or not the mortgagee or purchaser in an extrajudicial foreclosure sale is entitled to the issuance of a writ of possession over the mortgaged property despite his failure to pay the surplus proceeds of the sale to the mortgagor or the person entitled thereto. Secondarily, it calls for a resolution of the further consequences of such non-payment of the full amount for which the property was sold to him pursuant to his bid.

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Coming now to the main issue in this case, petitioner argues that it is ministerial upon the court to issue a writ of possession after ...

courts should avoid issuing a writ of preliminary injunction which would in effect dispose of the main case without trial.

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The prevailing rule is that courts should avoid issuing a writ of preliminary injunction which would in effect dispose of the main case ...

En Banc Resolution in A.M. No. 99-10-05-0, Re: Procedure in Extrajudicial or Judicial Foreclosure of Real Estate Mortgage

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Further to this, the Court’s intent to depart from the broad application of the Almeda ruling to foreclosure proceedings is clear from i...

The decisive factor in evaluating such agreement is the intention of the parties, as shown not necessarily by the terminology used in the contract but by their conduct, words, actions and deeds prior to, during and immediately after executing the agreement.

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In determining the nature of a contract, courts are not bound by the title or name given by the parties. The decisive factor in evaluating...

grounds for the issuance of a preliminary injunction

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The grounds for the issuance of a preliminary injunction are enumerated in Section 3, Rule 58 of the Rules of Court, which reads: Sec....
Friday, April 21, 2017

The decisive factor in evaluating such agreement is the intention of the parties, as shown not necessarily by the terminology used in the contract but by their conduct, words, actions and deeds prior to, during and immediately after executing the agreement

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In determining the nature of a contract, courts are not bound by the title or name given by the parties. The decisive factor in evaluatin...