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.
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Writ of Possession After Foreclosure: When the Surplus Must Be Returned
Philippine Bank of Communications v. Yeung clarifies when a writ of possession issues after foreclosure and how sale surpluses are handled.
Written Demand and Unlawful Detainer: Protecting Landowners From Unauthorized Property Sales
A Supreme Court ruling clarifies when a written demand triggers ejectment and why an unconstitutional decree cannot justify continued possession.
Contractual Obligations Upholding Written Agreements in Property Sales
Supreme Court ruling on unlawful detainer, unconstitutional decrees, and good faith in property possession disputes.
Illegal Delivery vs Illegal Possession: Key Distinctions in Drug Cases
Philippine Supreme Court clarifies the difference between illegal delivery and illegal possession of dangerous drugs under RA 9165.
Torrens Title Indefeasibility and the Burden of Proof in Land Registration Applications
The Supreme Court clarifies that tax declarations alone cannot prove possession since 1945, a key requirement for judicial land registration under P.D. 1529.
Land Registration Denied: Proving Possession Since June 12, 1945
The Supreme Court clarifies the strict requirements for land registration under P.D. 1529, emphasizing the need for clear proof of possession since June 12, 1945.
Protecting Possessory Rights When A Writ Of Possession Clashes With Third Party Claims
Understand how Philippine courts resolve property disputes when a writ of possession faces third-party claims, based on a landmark Supreme Court ruling.
Perfecting Land Titles: Possession Requirements for Public Land Registration in the Philippines
Understand the possession rules for registering public land under PD 1529, including the June 12, 1945 requirement clarified by the Supreme Court.
Writ of Possession Is Ministerial Duty Despite Challenges to Mortgage Validity
Philippine Supreme Court ruling: a pending case questioning mortgage validity does not stop a writ of possession after foreclosure and redemption lapse.
Upholding Prior Possession in Forcible Entry Cases: Philippine Tourism Authority v. Sabandal-Herzenstiel
The Supreme Court clarifies that prior possession, not ownership, decides forcible entry cases, and how force may be implied.
Upholding Prior Possession in Forcible Entry and the Burden of Proof in Property Disputes
Philippine Tourism Authority v. Sabandal-Herzenstiel clarifies prior possession and burden of proof in forcible entry cases.
Preserving Integrity Ensuring Drug Evidence Validity Despite Procedural Lapses IN Drug Cases
The Supreme Court acquits a drug possession accused because police failed to follow Section 21 procedures, casting doubt on evidence integrity.
Possession vs Ownership: Resolving Ejectment Disputes Under Philippine Law
Philippine Supreme Court clarifies that in unlawful detainer cases, courts may provisionally rule on ownership to determine who has the right to possess property.
Possession vs Ownership in Ejectment Cases: The Rule on Supervening Events
Learn how the Supreme Court treats claims of ownership acquired after an unlawful detainer judgment, and why possession remains the sole issue in ejectment cases.
Judicial Overreach Limits on Agrarian Reform Adjudicators and Due Process
A lawyer-adjudicator's suspension for issuing writs of possession before an appealed order became final, violating due process and DARAB rules.
Possession vs Ownership: Forum Shopping in Land Dispute Cases
When two ejectment suits over one lot become forum shopping, and why actual possession matters more than tax declarations.
Forcible Entry: Prior Physical Possession Prevails Over Ownership Claims
In forcible entry cases, prior physical possession—not ownership—decides who stays. The Supreme Court explains why in Rivera-Calingasan v. Rivera.
Perfecting Appeals Strict Compliance With Rules OF Court IS Mandatory
Learn how the Supreme Court ruled on writs of possession, third-party adverse claims, and strict procedural compliance in extrajudicial foreclosures.
Protecting Third Party Rights in Foreclosure When Possession Trumps Ownership
When a third party adversely possesses foreclosed property, courts must hold a hearing before issuing a writ of possession.
Mortgage Foreclosure: Clarifying Rights and Procedures in Disputed Property Cases
Learn how the Supreme Court clarified extrajudicial foreclosure rules, writ of possession, and procedural requirements in disputed mortgage cases.
Writ of Possession After Foreclosure: When Third-Party Claims and Pending Cases Don't Stop the Writ
Philippine Supreme Court clarifies when a writ of possession is ministerial and how pending annulment cases, third-party claims, and surplus issues affect the rule.
Writ of Possession After Foreclosure: When a Purchaser's Right Is Absolute
Philippine Supreme Court explains when a foreclosure sale purchaser may demand a writ of possession and when exceptions apply.
Tolerance and Land Ownership: How Permissive Use Impacts Property Rights in the Philippines
Philippine Supreme Court ruling on how possession by mere tolerance cannot ripen into ownership through prescription or adverse possession.
Unlawful Arrest and Illegal Drug Possession: Protecting Constitutional Rights
Supreme Court acquits drug suspect due to unlawful warrantless arrest, emphasizing constitutional rights against unreasonable searches and seizures.