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Prior Possession, NOT ownership matters in Forcible Entry Cases (Rico vs. Castillo et al., G.R. No. 215166)

In forcible entry cases, a person is deprived of physical possession of any land or building by means of force, intimidation, threat, strategy, or stealth. The possession is illegal from the beginning and the only issue is who has the prior possession de facto.

The only issue in forcible entry cases is whether the claimant has proved, by preponderance of evidence, prior physical possession of contested property. The question of ownership may only be provisionally resolved if it is raised by the parties and its resolution is essential to determine which party has the better right of possession.

The Supreme Court Decides: Family and Friends’ Testimonies Can Prove Psychological Incapacity in Nullity of Marriage Cases

Sometime in 2006, Jeffery, a United States Navy retiree, met Rowena in a bar owner by Rowena’s mother. At that time they started dating, Jeffery knew Rowena had two children from a previous relationship, and Rowena knew Jeffery was married to another, but that his divorce was still pending.

Rules on the use of Body-Worn Cameras in the Execution of Warrants A.M. No. 21-06-08

Following the increasing reports of civilian deaths resulting from the execution of warrants issued by trial courts, the causes and conditions surrounding such details being widely disputed, the advances in technology, particularly the availability of body-worn cameras, make it possible to integrate its use to support law enforcement and to guarantee the protection of fundamental rights.

The Supreme Court decides: Lawyers cannot be held liable for notarial violations unless there is clear evidence that they knowingly permitted the misuse of notarial commission.

Photo from Pexels | Kaboompics.com The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices Read more about The Supreme Court decides: Lawyers cannot be held liable for notarial violations unless there is clear evidence that they knowingly permitted the misuse of notarial commission.[…]

Rule on Examination of a Child Witness (A.M. No. 004-07-SC)

The Rule on Examination of a Child Witness shall govern the examination of child witnesses who are victims of crime, accused of a crime, and witnesses to crime. It shall apply in all criminal proceedings and non-criminal proceedings involving child witnesses.

The objectives of this Rule are to create and maintain an environment that will allow children to give reliable and complete evidence, minimize trauma to children, encourage children to testify in legal proceedings, and facilitate the ascertainment of truth.