Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Showing 241264 of 541 articles for estate

CBA Loan Benefits vs Bank Policy: When Management Rules Violate the Agreement

SC rules on when a bank's "no negative data bank" policy for employee loans violates the existing CBA. Learn the limits of management prerogative.

Dragnet Clauses and Foreclosure: Defining the Limits of Mortgage Security in the Philippines

A bank cannot inflate a foreclosure redemption price using a dragnet clause. The Supreme Court explains the limits of mortgage security.

Corporate Rehabilitation Separate Juridical Personality Prevails Over Third Party Mortgages

Supreme Court clarifies that corporate rehabilitation stay orders do not cover properties owned by third-party mortgagors.

Ratification Validates Unauthorized Acts: Agency Law in Philippine Mortgages

Explaining how ratification under Philippine law validates an agent's unauthorized mortgage acts, as ruled in Prieto v. Court of Appeals.

Foreshore Land and Private Ownership: Clarifying Property Rights in the Philippines

A 2012 Supreme Court ruling clarifies that foreshore land belongs to the State, not private owners, and explains why the petition failed.

Clarification vs. Amendment: When a Final Judgment Can Still Be Explained

Philippine courts can clarify final judgments but not amend them. Learn the distinction from Spouses Mahusay vs. B.E. San Diego, Inc.

Attempted Estafa in the Philippines: Proving Intent to Defraud and Penalties

Learn how Philippine courts prove intent to defraud in attempted estafa cases, the elements of the crime, and the applicable penalties under the Revised Penal Code.

Probating Foreign Wills in the Philippines: A Step-by-Step Guide

Learn how to probate a foreign will in the Philippines, including the legal requirements, court process, and practical steps for heirs and executors.

Reconstitution of Lost Title: Supreme Court Clarifies Rules on Destroyed Land Records

Supreme Court clarifies rules on reconstituting lost land titles when registry records were destroyed by fire, easing documentary requirements.

Res Judicata and Forum Shopping in Foreclosure Disputes: Villanueva v. Court of Appeals

The Supreme Court explains how res judicata and forum shopping bar repeated challenges to loan interest rates and foreclosure proceedings.

Partial Redemption in Philippine Foreclosure: Can You Redeem Select Properties?

Philippine law allows partial redemption of foreclosed properties. Learn the rules, limits, and practical implications from a key Supreme Court ruling.

Substantial Justice Prevails When Philippine Courts Forgive Minor Procedural Lapses

Philippine courts prioritize substantial justice over procedural technicalities, but only for parties who followed the rules. Learn when lapses are forgiven.

Census Is King: Priority Rights Yield to Actual Occupancy in Philippine Housing Projects

In ZIP housing projects, the official census and tagging determine who gets the lot—not priority certificates or prior possession claims.

Laches and Land Disputes: Registered Title Prevails Over Delayed Claims

When a land judgment becomes final, it is immutable. The Supreme Court explains why registered titles cannot be overturned by belated claims.

Why Impleading All Parties Is Crucial in Reconveyance Cases

Learn why failing to implead all indispensable parties in a reconveyance case can derail your property claim.

Due Diligence in Land Transactions: Why a Faulty Agreement Can Cost You Your Property in the Philippines

Learn how the Supreme Court's ruling on attempted estafa underscores the critical need for due diligence in Philippine land transactions.

Double Jeopardy in Philippine Courts: When a Case Dismissal Is Not Final

Explaining the Supreme Court's ruling in Cerezo v. People on double jeopardy, valid case dismissals, and when courts may reopen criminal cases.

Verification and Certification Against Forum Shopping: Why All Petitioners Must Sign

A single unsigned verification can dismiss a case. Learn the strict rules on certification against forum shopping from Formoso v. PNB.

Administrative Jurisdiction in the Philippines: Ombudsman, PAGC, and the CSC Appeal Route

A 2011 Supreme Court ruling clarifies concurrent jurisdiction among anti-graft bodies and why appeals must go to the CSC first.

Certiorari and Evidence: Court of Appeals Can Receive New Proof in Special Civil Actions

When may the Court of Appeals admit new evidence in a certiorari case? The Supreme Court clarifies in this foreclosure dispute.

Land Sale Contracts in the Philippines: Ensuring Object Certainty and Navigating Legal Heirs

A Supreme Court ruling on forged land sales, object certainty, and the rights of legal heirs in Philippine property disputes.

Implied Trusts in Philippine Mortgages: Protecting the True Lender

When a mortgage names one person but another funds the loan, Philippine courts may impose an implied trust to protect the true lender.

Mortgage Obligations and Appeal Rights in Real Estate Disputes

The Supreme Court rules on mortgage obligations, appeal periods, and writs of execution in a dispute between borrowers and PNB.

Lateral and Subjacent Support: Excavation Limits for Adjacent Landowners in the Philippines

Philippine Supreme Court clarifies the legal easement of lateral and subjacent support between adjacent landowners and its effect on property titles.