CD 180 DECLARATION for EX PARTE WRIT of POSSESSION Claim Form
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People also ask
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What is an ex parte writ of possession?
1. A showing that the defendant* gained possession of the property described in the application, which was not entrusted to the defendant, by feloniously taking such property from the plaintiff* by means other than by false or fraudulent representation, attached declaration.
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What is an ex parte declaration?
An Ex Parte Application is used for one party to ask the Court for an order without providing the other party(ies) the usual amount of notice or opportunity to write an opposition.
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What is the meaning of ex parte in the Philippines?
Ex Parte (ex par-tay) is a Latin word meaning “for one party,” referring to motions, hearings or orders granted on the request of and for the benefit of one party only.
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What is ex parte writ of possession in the Philippines?
By its very nature, an ex-parte petition for issuance of a writ of possession is a non-litigious proceeding. It is a judicial proceeding for the enforcement of one's right of possession as purchaser in a foreclosure sale.
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What is an ex parte writ of possession?
1. A showing that the defendant* gained possession of the property described in the application, which was not entrusted to the defendant, by feloniously taking such property from the plaintiff* by means other than by false or fraudulent representation, attached declaration.
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What is a writ of possession in the Philippines?
A writ of possession is employed to enforce a judgment to recover the possession of land. It commands the sheriff to enter the land and give possession of it to the person entitled under the judgment.
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What is proper ex parte notice?
The notice must include a statement of the relief being requested, a statement that the opposing party is entitled to attend the court hearing in person or by an attorney, the specific date and time of the hearing, and the name and address of the court where the Ex Parte Application will be presented.
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What is the action to recover possession of real property in the Philippines?
Accion publiciana is the plenary action to recover the right of possession which should be brought in the proper regional trial court when dispossession has lasted for more than one year. It is an ordinary civil proceeding to determine the better right of possession of realty independently of title.
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