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 313336 of 549 articles for estate

Sharia Court Jurisdiction Determining Muslim Status For Estate Settlement

The Supreme Court clarifies when Sharia District Courts may hear estate cases and determine if a deceased person was Muslim.

Rehabilitation Petitions Technical Insolvency AND Creditors Rights IN Corporate Recovery

Philippine Supreme Court clarifies when a technically insolvent corporation may file for rehabilitation and how creditor rights are affected.

Heirship Rights vs. Execution Sales: Protecting Inherited Property in the Philippines

Learn how the Supreme Court protects heirs' rights when inherited property faces competing claims, and what the Dela Cruz ruling means for Filipino families.

Donation Mortis Causa vs Inter Vivos: Understanding Estate Transfers in the Philippines

Philippine Supreme Court explains when a donation is mortis causa, not inter vivos, and why formalities of a will matter.

Condominium Ownership for Foreign Nationals: Property Rights Under the Condominium Act

Philippine Supreme Court clarifies that foreigners may own condominium units under RA 4726, separating land ownership from unit ownership.

Notarization Is Not a Rubber Stamp: Supreme Court Disbars Negligent Notary

A notary who notarized a forged deed without verifying signers' identities was suspended and disqualified. Learn the rules on notarization.

Investment or Loan? The Estafa Trap in Misrepresented Business Ventures

When a business deal fails, is it a breach of contract or estafa? The Supreme Court clarifies when false pretenses turn a failed investment into a criminal offense.

Notarizing Without a Commission: When a Lawyer’s Mistake Becomes Malpractice

The Supreme Court suspends a lawyer for notarizing documents after his commission expired, ruling that ignorance or reliance on staff is no excuse.

Upholding Corporate Stability When Courts Defer to Internal Disputes

How the Supreme Court resolved a family corporate dispute by deferring to amended pleadings, docket fee rules, and the limits of injunctions.

Conditional Sale Buyers' Rights and Sellers' Obligations After Partial Payment

Philippine Supreme Court clarifies buyer and seller rights in contracts to sell, including when a buyer can demand a deed of absolute sale.

Heirship and Filiation: Proving Inheritance Rights in Property Disputes

Philippine Supreme Court ruling on proving filiation through baptismal certificates and the rights of heirs in property disputes.

Extrajudicial Termination Clauses in Lease Agreements: What the Supreme Court Says

The Supreme Court clarifies when a lessor may validly terminate a lease and repossess property without court action under Philippine law.

When a Financing Company Is Not a Mortgagee in Good Faith: Lloyd's Enterprises v. Dolleton

A financing firm that failed to inspect a mortgaged property cannot claim good faith. Learn the due diligence rule from this 2008 case.

Lis Pendens Cancellation: Final Judgments and Property Rights Under Biglang-Awa

Learn when a notice of lis pendens can be cancelled after a final judgment, based on the Supreme Court ruling in Biglang-Awa v. Philippine Trust Company.

Perfected Sale vs Contract to Sell: Distinguishing Ownership Transfer in Philippine Law

Philippine Supreme Court clarifies the difference between a contract of sale and a contract to sell, and when ownership actually transfers to the buyer.

Proving Land Claims in the Philippines: What a Foreclosure Redemption Case Teaches

A Supreme Court ruling on foreclosure redemption clarifies how blanket mortgage clauses affect land claims and property disputes in the Philippines.

Partitioning Property Understanding Co-Ownership and Heirs' Rights in the Philippines

Learn how Philippine law resolves double sales of inherited property, the role of registration, and heirs' rights in co-ownership disputes.

Writ of Possession Protecting Heirs' Rights in Undivided Estates

Learn how the Supreme Court protects compulsory heirs when a foreclosed property is subject to a writ of possession in an undivided estate.

Financial Crisis as Fortuitous Event: Real Estate Contract Obligations in the Philippines

Philippine Supreme Court ruling on whether the 1997 Asian financial crisis excuses a developer's failure to deliver condominium units.

Bouncing Checks and Hearsay: BP 22 Conviction Upheld Despite Evidentiary Challenges

The Supreme Court explains when hearsay testimony may be admitted in a Bouncing Checks case, and why a BP 22 conviction can stand.

Unauthorized Real Estate Mortgage: Strict Interpretation of Special Power of Attorney

When a special power of attorney fails to identify the exact property, a mortgage over it is unenforceable. The Supreme Court explains why banks must verify authority.

Future Inheritance Contracts Are Void: Arrogante v. Deliarte Explained

Philippine Supreme Court ruling on void contracts over future inheritance, and the exceptions that can save family property arrangements.

Prejudicial Question in Philippine Courts: When Civil Cases Suspend Criminal Proceedings

Learn when Philippine courts suspend criminal cases due to prejudicial questions, and why appeal, not certiorari, is the proper remedy.

Continuing SEC Jurisdiction Resolving Corporate Liquidation Disputes

Supreme Court clarifies SEC retains jurisdiction over pending corporate suspension and liquidation cases filed before June 30, 2000.