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Recent Posts
- Family Code provisions on substitute parental authority of grandparents
- Family Code provisions on parental authority
- What is a travel clearance for minors?
- What is the reason behind the visitorial right of an illegitimate father over his children?
- Can Father of Illegitimate Child Obtain Custody when Mother is Abroad?
- Can the Father Compel An Illegitimate Child To Use His Surname?
- What are the grounds for petition for guardianship?
- When can an illegitimate child use the surname of his father?
- Does the Use of father’s surname grant legitimacy to child?
- Travel Clearance Required for Travel of Minors Abroad
- The rule is that children older than 7 years old are allowed to state his preference. Is the court bound by such preference?
- Does the law allow a waiver of parental authority?
- In the case a child is taken away without the consent of the single mother, what legal actions can a single mother take?
- What can single mothers do to demand child support from the father?
- What are the specific laws that pertain to child support, especially for single mothers?
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Category Archives: Writ of Possession
Does the right to a writ of possession prescribe?
Petitioners assail the CA’s ruling that the issuance of a writ of possession does not prescribe.[48] They maintain that Articles 1139,[49] 1149,[50] and 1150[51] of the Civil Code regarding prescriptive periods cover all kinds of action, which necessarily include … Continue reading
Mandamus is a proper remedy to compel the issuance of a writ of possession
We rule that mandamus is a proper remedy to compel the issuance of a writ of possession. The purpose of mandamus is to compel the performance of a ministerial duty. A ministerial act is “one which an officer or tribunal … Continue reading
Nature of Writ of Possession
The issuance of a writ of possession is not a judgment on the merits. A writ of possession is generally understood to be an order whereby the sheriff is commanded to place a person in possession of a real or … Continue reading
Writ of Possession and Judicial Action
An action is an act by which one sues another in a court of justice for the enforcement or protection of a right or the prevention or redress of a wrong [Hagans v. Wislenzenus, 42 Phil. 880 (1922)] and such … Continue reading
Writ of Possession and Injunction
The core issue for our resolution is whether the issuance of a writ of possession by the trial court may be enjoined by a writ of preliminary injunction also issued by the same court. Section 7 of Act No. 3135, … Continue reading
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