An Act amending and repealing some of the provisions of chapter Twenty-seven of act numbered Twenty-seven hundred eleven commonly known as the Administrative Code of nineteen hundred and se
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An Act amending and repealing some of the provisions of chapter Twenty-seven of act numbered Twenty-seven hundred eleven commonly known as the Administrative Code of nineteen hundred and se
Commonwealth Act No. 89
November 13, 1936
Case Overview and Summary
Summary of Commonwealth Act No. 89Provisions on Removal of Improvements in Ejectment Cases
- Provincial Sheriff's Powers (Section 1):
• The provincial sheriff cannot destroy, demolish, or remove improvements constructed or planted by the defendant on the premises when executing a court decision in ejectment cases.
• The provincial sheriff can only do so if expressly authorized by the court. (Section 1)
- Court Authorization Process (Section 1):
• The court may authorize the provincial sheriff to remove improvements upon petition by the plaintiff or their attorney. (Section 1)
• The court must conduct a due hearing before granting such authorization. (Section 1)
• The defendant must be given a reasonable time to remove the improvements themselves before the court authorizes the sheriff to do so. (Section 1)
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Commonwealth Acts
ejectment cases
provincial sheriff
improvements
demolish
remove
court authorization
due hearing
reasonable time
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An Act amending and repealing some of the provisions of chapter Twenty-seven of act numbered Twenty-seven hundred eleven commonly known as the Administrative Code of nineteen hundred and se
Commonwealth Act No. 89
•November 13, 1936
COMMONWEALTH ACT No. 89
AN ACT TO DEFINE THE POWERS OF THE PROVINCIAL SHERIF AND OF THE COURTS IN CONNECTION WITH THE REMOVAL OF IMPROVEMENTS IN EJECTMENT CASES
Be it enacted by the National Assembly of the Philippines:
Section 1. The provincial sheriff, in executing the decision of a competent court in ejectment cases, shall not destroy, demolish, or remove the improvements constructed or planted by the defendant or his agent or servant on the premises, unless expressly authorized by the court. The court may authorize the provincial sheriff to do so, upon petition of the plaintiff or his attorney, after due hearing, and upon the failure of the defendant to remove the aforesaid improvements within a reasonable time after being so ordered by the court.
Section 2. This act shall take effect upon its approval.
Approved, October 26, 1936.
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