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 289312 of 1,025 articles for property

Unlawful Detainer: Proving Prior Possession in Land Disputes

The Supreme Court clarifies how prior physical possession is proven in unlawful detainer cases, using judicial admissions and documentary evidence.

Malicious Mischief in Property Disputes: What the Supreme Court Said

The Supreme Court clarifies when destroying property in a dispute becomes malicious mischief, and why claims of ownership do not justify taking the law into one's own hands.

Sheriffs Must Follow Procedure in Writ Execution or Face Administrative Liability

A sheriff's duty in executing a writ is ministerial but must strictly follow procedural rules, including notice periods, or face administrative sanctions.

Sheriffs Must Give Due Notice Before Enforcing Writs of Execution

A sheriff who evicts a party without the required notice commits grave abuse of authority. Learn the rules on writ enforcement.

Navigating Tax Exemptions: The Legal Status of Government Instrumentalities in the Philippines

The Supreme Court clarifies when government instrumentalities like the LRTA are exempt from real property tax under the Local Government Code.

Sale vs Agency: When Unpaid Vendors Are Not Guilty of Estafa

The Supreme Court clarifies when a failed real estate deal is a breach of contract, not estafa, and why unpaid vendors cannot be criminally liable.

Forged Signatures and Land Titles: Proving Fraud in Philippine Property Cases

The Supreme Court clarifies what evidence is needed to prove forged signatures in land transactions and reconveyance claims.

Ante-Nuptial Agreements and Property Waivers: The Delgado v. GQ Realty Case

The Supreme Court's ruling in Delgado v. GQ Realty clarifies how ante-nuptial agreements can waive property rights, even for assets registered under a spouse's family corporation.

Forged Signatures and Bank Liability: Upholding Due Diligence in Loan Transactions

When a bank honors a forged check, it bears the loss. The Supreme Court explains why in PNB v. Giron-Roque.

Encroachment and Good Faith: Land Dispute Remedies Under Article 448

A Supreme Court ruling on encroachment clarifies when a landowner may recover possession and how Article 448 protects builders in good faith.

Boundary Disputes Cannot Be Settled by Forcible Entry: The Proper Remedy Is Accion Reivindicatoria

Boundary disputes that question ownership cannot be resolved through forcible entry; the Supreme Court requires an accion reivindicatoria instead.

Writ of Possession After Foreclosure: Third-Party Claims in Philippine Mortgage Sales

Philippine Supreme Court ruling on writ of possession in mortgage foreclosures, explaining when third-party adverse claims can block eviction.

Environmental Advocacy and the Attorney's Duty When Fisherfolk Voices Clash in the West Philippine Sea

How lawyers can ethically navigate environmental advocacy when fisherfolk voices clash in the West Philippine Sea.

Forcible Entry: Prior Physical Possession Prevails Over Claims of Ownership

Supreme Court clarifies that in forcible entry cases, prior physical possession—not ownership—determines who may seek ejectment.

Conditional Sales and Default: When Unpaid Balances Void Property Claims

A buyer who fails to pay the balance in a contract to sell loses rights to the property, as the Supreme Court affirmed in Mandin-Trotin v. Bongo.

Foreign Nationals and Land Ownership: Constitutional Limits on Succession Rights

Philippine Supreme Court clarifies that foreign nationals cannot own land or transmit rights through succession, affecting heirs' claims.

Oral Agreements vs Written Contracts: When Verbal Lease Changes Hold Up in Court

Philippine Supreme Court clarifies when verbal agreements can modify written lease contracts, and when they cannot, in Modomo v. Layug.

Proving Foreign Law in Philippine Courts: Divorce, Property Rights, and the Keppel Case

Philippine courts don't take judicial notice of foreign laws. Learn the proof requirements from the Supreme Court's Keppel ruling on divorce and property.

Land Registration: Proving Land Is Alienable and Disposable Under Philippine Law

Learn the strict proof required to register land in the Philippines, including DENR certifications, and why possession alone is not enough.

Unlawful Detainer: Proving Prior Tolerance to Win an Ejectment Case

Learn the four requisites of unlawful detainer and why proving prior tolerance is key to winning an ejectment case in the Philippines.

Torrens Title vs. Possession: When a Registered Owner Prevails in Land Disputes

The Supreme Court clarifies when a Torrens title prevails over possession claims in accion publiciana cases, reaffirming the indefeasibility of registered land titles.

Onerous Donations: When Failure to Fulfill Conditions Leads to Revocation

Philippine Supreme Court clarifies when failure to fulfill onerous donation conditions justifies revocation, and the prescriptive period for such actions.

Strict Compliance Required for Expropriation of Private Lands for Socialized Housing

Local governments must strictly follow RA 7279 and the LGC before expropriating private land for socialized housing; failure voids the taking.

Supreme Court Upholds Ombudsman's Dismissal of Graft Charges Over Lahar Quarrying

The Court explains when it will not interfere with the Ombudsman's probable cause findings, even where injury to a landowner may exist.