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 265288 of 541 articles for estate

Contract to Sell vs Dacion en Pago: Protecting Subdivision Lot Buyers in the Philippines

The Supreme Court explains how PD 957 protects subdivision lot buyers even when a developer transfers the property to a bank through dacion en pago.

Overcoming Jurisdictional Hurdles in Philippine Property Disputes: The Philippine Veterans Bank Case

Learn how the Supreme Court clarified jurisdictional boundaries between courts and DARAB in expropriation cases involving agrarian reform lands.

Gross Ignorance of the Law: When Judges Overstep Final Judgments

A judge's motu proprio reversal of a final and executory order leads to dismissal for gross ignorance of the law in this administrative case.

Indispensable Parties in Certiorari Petitions: The Rule on Due Process

Why omitting an indispensable party in a certiorari petition can invalidate proceedings and how to avoid this procedural pitfall.

Continuing Security: How Future Debts Can Affect Real Estate Mortgages in the Philippines

The Supreme Court explains how a real estate mortgage can secure future loans, not just the original debt, through continuing guaranty clauses.

Falsification of Public Documents: Presumption of Authorship Explained

Learn how Philippine courts presume authorship of falsified documents and why beneficiaries bear the burden of proof under Article 172.

Option Contract vs. Right of First Refusal: Key Differences Under Philippine Law

Learn the difference between an option contract and a right of first refusal in Philippine real estate, based on the Supreme Court's ruling in Tuazon v. Del Rosario-Suarez.

Incomplete Witness Testimony: When Death Before Cross-Examination Makes Evidence Inadmissible

Philippine courts generally strike out a witness's direct testimony if the opposing party never gets to cross-examine. Dela Cruz v. Papa explains why.

HLURB Jurisdiction Over Condominium Disputes: Peralta v. De Leon Explained

Learn how the Supreme Court affirmed HLURB's exclusive jurisdiction over condominium buyer-developer disputes in Peralta v. De Leon.

Homeowners Associations vs Non-Members: HLURB Jurisdiction and CMP Benefits

When can a homeowners association evict non-members from CMP land? The Supreme Court clarifies HLURB jurisdiction in Eugenio v. Sta. Monica Riverside Homeowners Association.

Buyer Beware: Due Diligence in Philippine Real Estate Transactions

The Supreme Court reminds buyers of registered land that a title is not enough—due diligence requires inquiry beyond its four corners.

Bank Not Subsidiarily Liable Without Clear Obligation: Prudential Bank v. Abasolo

Supreme Court rules a bank is not subsidiarily liable for a loan officer's alleged promises absent a clear obligation or written request.

Prescription in Estate Settlement: Heirs' Rights and Time Limits Explained

Philippine Supreme Court ruling on prescription periods for heirs contesting extrajudicial estate settlements, fraud discovery, and time limits.

Death of the Accused Pending Appeal: What Happens to Criminal and Civil Liability

When an accused dies pending appeal, criminal liability and civil liability ex delicto are extinguished. Learn the rules from People v. Ayochok.

Friar Lands and Faulty Signatures: When Government Neglect Jeopardizes Land Ownership

The Supreme Court's Manotok ruling shows how documentary gaps in friar land sales can undermine even long-standing property claims.

Implied Admission in Philippine Law: Navigating Requests for Admission in Civil Cases

When does a failure to respond to a Request for Admission trigger implied admission? The Supreme Court clarifies the limits under Rule 26.

Probate Proceedings and Testamentary Provisions: Balancing Testator Intent with Statutory Limits

A Supreme Court ruling on enforcing a testator's 20-year non-partition directive, balancing testamentary intent against Civil Code limits on indivision.

Demand Is Key to Rescission Rights in Philippine Contract Law

Philippine Supreme Court clarifies that demand is essential before rescission or foreclosure rights can be exercised under contract law.

When Cross Collateral Clauses Clash With Verbal Agreements: Understanding Mortgage Obligations

The Supreme Court clarifies that bank branch managers cannot verbally alter mortgage contracts containing cross-collateral or dragnet clauses.

Upholding Government Authority When Public Interest Overrides Private Land Claims In Expropriation

Philippine Supreme Court ruling on expropriation, public interest, and limits of private land claims against government authority.

Certiorari as a Substitute for Appeal: Navigating Procedural Missteps in Philippine Courts

Learn when certiorari can replace an appeal in Philippine procedure, and how the Supreme Court treats loss of trust and confidence in dismissals.

When Modified Judgments Can Be Appealed: Protecting Litigants' Rights

Learn when a modified Court of Appeals decision is appealable to the Supreme Court and how litigants' rights are protected in civil procedure.

Agency and Authority: Why a Written Mandate Is Paramount in Real Estate Sales

Philippine Supreme Court ruling on why an agent's authority to sell land must be in writing, or the sale is void.

Res Judicata and Final Judgments: What Torres v. Medina Means for Litigants

The Supreme Court explains when a final judgment bars a new lawsuit, using a foreclosure dispute to illustrate res judicata's elements and limits.