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Showing 217–240 of 360 articles for “estate”

Premature Partition: Estate Settlement Before Property Distribution

When heirs can and cannot demand partition of a decedent's property before estate settlement proceedings are completed.

Mortgage Foreclosure: Why Stipulated Notice Requirements Matter in Real Estate Contracts

Philippine Supreme Court ruling on extrajudicial foreclosure: stipulated notice requirements in mortgage contracts are mandatory and enforceable.

Intestate Succession and Laches: Protecting Heirs' Rights to Family Property

Philippine Supreme Court ruling on heirs' rights to inherited property, extrajudicial settlement validity, and when laches cannot bar succession claims.

Real Estate Foreclosure in the Philippines: Notice Requirements and Due Process

A look at Guanco v. Antolo and why strict notice and posting rules govern extrajudicial foreclosure sales in the Philippines.

Breach of Contract: Understanding Rescission in Real Estate Transactions

Learn how a defective foreclosure sale was voided by the Supreme Court and what it means for buyers and mortgagors.

Heirs Rights Substituting A Deceased Devisee Without Prior Estate Administration

Learn when heirs may substitute a deceased devisee in probate without a court-appointed administrator, under Philippine rules.

MIAA vs Parañaque: When Local Governments Cannot Tax National Assets

The Supreme Court ruled that MIAA's airport lands are exempt from local real estate tax because MIAA is a government instrumentality, not a GOCC.

Family Home Protection Consent Requirements IN Real Estate Mortgages Involving Married Couples

Good Faith vs Due Diligence: Protecting Rights in Real Estate Transactions

When is a buyer or mortgagee of land truly in good faith? The Supreme Court clarifies the duty to investigate beyond the Torrens title.

Deficiency Judgments in Philippine Foreclosure: Can Banks Recover More After Auction?

Philippine Supreme Court clarifies when banks can collect deficiency after extrajudicial foreclosure of real estate mortgages.

Piercing the Corporate Veil: When a Corporation Can Be Bound by Unauthorized Acts

Learn when courts may hold a corporation liable for acts done under a trade name, based on the Supreme Court's ruling in Ridgewood Estate, Inc. v. Belaos.

Protecting Your Inheritance: Why Heirs' Consent Matters in Estate Partition

Learn how the Supreme Court protects heirs' inheritance rights in estate partition, and why an administrator's failure to follow the decedent's will amounts to extrinsic fraud.

Attorney's Fees in Estate Settlement: When Can Lawyers Directly Claim From the Estate?

Learn when lawyers may directly claim attorney's fees from an estate in the Philippines, based on Supreme Court rulings and estate settlement rules.

Protecting Your Property Rights: Contract Cancellation in Philippine Real Estate

Learn how RA 6552 protects installment buyers and why procedural rules matter in contract cancellation cases under Philippine law.

Why 15 Days Matter: Appeal Deadlines in HLURB Real Estate Cases

A missed 15-day appeal deadline in HLURB cases is fatal. Learn the rule from United Overseas Bank v. Ching.

Mortgage Still Valid Loan Restructuring AND Novation IN THE Philippines Reyes V BPI Family Savings Bank

When does loan restructuring cancel a real estate mortgage? The Supreme Court explains novation rules in Reyes v. BPI Family Savings Bank.

Validity of Adoption in Estate Settlement: Why a Decree Stands Until Annulled

A valid adoption decree cannot be attacked collaterally in estate proceedings. Learn the rule from Reyes v. Sotero.

Perfecting a Contract to Sell: Why Payment Terms Matter in Philippine Real Estate Law

Philippine Supreme Court ruling explains why agreeing on price alone does not perfect a contract to sell real property—payment terms are essential.

Equitable Mortgage vs Pacto de Retro Sale: Philippine Real Estate Security Rules

Philippine Supreme Court clarifies when a deed of sale with right to repurchase is actually an equitable mortgage, protecting borrowers from losing property.

Rescission of Real Estate Sales: Understanding Breach of Contract and Third Party Rights in the Philippines

Philippine Supreme Court ruling on who may sue for rescission of real estate contracts, real party in interest rule, and implied trusts under Article 1448.

Real Estate Installment Cancellation Rules Under the Maceda Law: Key Lessons from Fabrigas v. San Francisco De

Philippine Supreme Court clarifies Maceda Law cancellation rules, novation, and ratification in installment contract disputes.

Estate Administration Discretion IN Appointing A Special Administrator VS Heir Preference

DUE Diligence IN Real Estate Mortgage A Banks Duty TO Investigate Beyond THE Title

Double Sale Doctrine Protecting THE Rights OF First Buyers IN Real Estate Transactions