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 361384 of 556 articles for estate

Consolidation of Cases: Efficiency and Prevention of Conflicting Judgments

Philippine Supreme Court explains when courts may consolidate related cases to avoid conflicting judgments, save time, and promote swift justice.

Protecting Subdivision Buyers: Contracts to Sell Must Be Registered

Philippine Supreme Court ruling clarifies that subdivision developers must register contracts to sell with the Register of Deeds under P.D. 957.

Dilatory Tactics and the Five-Year Rule: When Delaying Execution Backfires

The Supreme Court condemns a losing party's dilatory tactics that delayed execution of a final judgment for years, clarifying the five-year rule on execution by motion.

Falsified Documents Can Transfer Property in the Philippines: The Legal Reality

Can forged deeds transfer land in the Philippines? Philippine law says no—but the legal system has limits. Learn the rules on falsified documents.

Foreshore Lease Preference: Riparian Rights vs. Reclamation in Philippine Land Law

Supreme Court ruling on whether a littoral owner retains preferential right to lease foreshore land that has been reclaimed by another applicant.

Premature Partition: Estate Settlement Before Property Distribution

When heirs can and cannot demand partition of a decedent's property before estate settlement proceedings are completed.

Real Estate Foreclosure in the Philippines: Notice Requirements and Due Process

A look at Guanco v. Antolo and why strict notice and posting rules govern extrajudicial foreclosure sales in the Philippines.

Good Faith Builder Rights Under Article 448: Key Lessons from a Philippine Supreme Court Case

Understand the rights of a builder in good faith under Philippine law, including the landowner's options under Article 448 of the Civil Code.

Condominium Assessments: Lien Enforcement and Priority in the Philippines

Learn how condominium assessment liens work in the Philippines, including registration requirements, priority rules, and enforcement limits under the Condominium Act.

Prescription and Foreclosure: Understanding Timelines in Philippine Mortgage Law

Learn when prescription bars mortgage foreclosure actions in the Philippines, and why courts—not litigants—decide the issue.

Who Is in Delay in Reciprocal Obligations? Philippine Contract of Sale Disputes

Philippine Supreme Court clarifies when delay begins in reciprocal obligations under a contract of sale, and why mutual default cancels out.

Real Party-in-Interest and CIAC Jurisdiction in Construction Disputes

The Supreme Court clarifies indispensable parties and CIAC jurisdiction in construction arbitration, using the Heritage Park case as a guide.

Usury Law and Contractual Obligations: Striking the Balance in Loan Agreements

The Supreme Court clarifies how the Usury Law interacts with loan restructuring, refinancing, and the binding force of contracts in DBP v. CA.

Consignation and the Debtor's Right to Withdraw: Lessons from Banco Filipino v. Diaz

When can a debtor withdraw a consignated deposit? The Supreme Court explains the rules under Article 1260 of the Civil Code.

Unsigned Stipulations in Mortgages: Philippine Supreme Court Upholds Consent as Key

Philippine Supreme Court rules a mortgage stipulation inserted after signing without the mortgagor's consent is void ab initio.

Deficiency Judgments in Philippine Foreclosure: Can Banks Recover More After Auction?

Philippine Supreme Court clarifies when banks can collect deficiency after extrajudicial foreclosure of real estate mortgages.

Equitable Mortgage vs Absolute Sale: What Philippine Courts Look For

When is a deed of sale really a mortgage? The Supreme Court explains the rules on equitable mortgage in Cirelos v. Hernandez.

Protecting Your Inheritance: Why Heirs' Consent Matters in Estate Partition

Learn how the Supreme Court protects heirs' inheritance rights in estate partition, and why an administrator's failure to follow the decedent's will amounts to extrinsic fraud.

Demand NOT Always Needed When Philippine Banks CAN Foreclose Without Prior Notice

Philippine Supreme Court clarifies when banks may foreclose without prior demand, and limits on preliminary injunctions against foreclosure.

Attorney's Fees in Estate Settlement: When Can Lawyers Directly Claim From the Estate?

Learn when lawyers may directly claim attorney's fees from an estate in the Philippines, based on Supreme Court rulings and estate settlement rules.

Protecting Your Property Rights: Contract Cancellation in Philippine Real Estate

Learn how RA 6552 protects installment buyers and why procedural rules matter in contract cancellation cases under Philippine law.

When Courts Deny Postponements: Due Process in Philippine Litigation

A Supreme Court ruling on when denying a motion for postponement violates due process, and what parties must show to get a resetting.

Mortgage Still Valid Loan Restructuring AND Novation IN THE Philippines Reyes V BPI Family Savings Bank

When does loan restructuring cancel a real estate mortgage? The Supreme Court explains novation rules in Reyes v. BPI Family Savings Bank.

Prejudicial Question Doctrine: How Civil Court Rulings Can Halt Graft Cases in the Philippines

Explaining the prejudicial question doctrine in Philippine law and how a civil case ruling can suspend or halt criminal graft proceedings.