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 1,057 articles for property

Plagiarism in Academia: Supreme Court Upholds Dismissal of UE Professors for Misrepresentation

Supreme Court upholds dismissal of professors for plagiarism, misrepresentation, and breach of trust, clarifying stare decisis and waiver rules.

Res Judicata and Litis Pendentia: Ending Endless Property Litigation in the Philippines

Learn how the Supreme Court applied res judicata and litis pendentia to bar a second property case, preventing endless litigation over the same land.

Unregistered Real Estate Mortgages: Valid Between Parties Despite Formal Defects

Philippine Supreme Court clarifies that defective notarization or registration of a real estate mortgage does not invalidate it between the parties.

Unlawful Detainer vs Accion Publiciana: When Ejectment Cases Fail

Understand when an ejectment case fails and why accion publiciana is the proper remedy for recovering possession of property.

Unlawful Detainer vs. Accion Publiciana: Key Distinctions in Philippine Ejectment Cases

Learn the key differences between unlawful detainer and accion publiciana, and why filing the wrong action can get your case dismissed.

Lawyer Suspended for Lending Money to Client: Breach of Fiduciary Duty

Supreme Court suspends lawyer for three months for lending money to a client, citing Rule 16.04 of the Code of Professional Responsibility.

Possession Is Prima Facie Evidence: Understanding Fencing Under Philippine Law

The Supreme Court explains how mere possession of stolen goods can convict a person of fencing under PD 1612, and clarifies the proper penalty.

Custodial Investigation and Confessions in Qualified Theft: People v. Cabanada

When does a police interview become custodial investigation? People v. Cabanada clarifies Miranda rights and confession admissibility in theft cases.

Earnest Money in a Contract to Sell: When Buyers Lose Their Deposit

The Supreme Court explains when earnest money in a contract to sell may be forfeited and when lessees may suspend rent under Article 1658.

Lawyer Suspended for Misappropriating Client Funds: Fiduciary Duty Breach

When a lawyer fails to return client money upon demand, the Supreme Court presumes misappropriation—a breach of fiduciary duty warranting suspension.

Private Roads and Public Use: When a Local Ordinance Cannot Convert Private Property

A local ordinance cannot convert a private road into public property without donation, purchase, or expropriation. The Supreme Court explains.

Just Compensation and Legal Interest in Expropriation: What Property Owners Should Know

Philippine Supreme Court clarifies interest rates on unpaid just compensation in expropriation cases, protecting property owners' rights.

Due Process Prevails: Cross-Examination Rights and the Consequences of Missed Notice

A Supreme Court ruling on why a labor arbiter cannot hold non-parties liable in an execution writ without due process and jurisdiction.

Mortgage in Good Faith: Protecting Lenders in Philippine Real Estate Transactions

The Supreme Court explains how the mortgagee-in-good-faith doctrine shields lenders who rely on a clean Torrens title, even if fraud taints the chain.

Attorney Disbarred for Gross Misconduct and Willful Disobedience to Court Orders

A lawyer's unauthorized use of a client's property for bail bonds, plus defiance of court orders, leads to disbarment.

State's Right to Recover Public Funds: Prescription Does Not Run Against the Government

Supreme Court rules the government's right to recover illegally disbursed public funds does not prescribe, but limits COA's power over tax collection.

Quieting of Title: Banks Must Verify Ownership Before Accepting Untitled Land as Mortgage

A bank that fails to verify ownership of untitled land before accepting it as mortgage security loses the property. Learn the rules on quieting of title and due diligence.

Insanity Plea and Arson: When Killing Is Homicide, Not Murder, in Philippine Law

The Supreme Court explains the limits of the insanity defense, the proof needed for murder, and when arson is a separate crime.

Simulated Contracts: When Property Transfers Are Void in the Philippines

The Supreme Court explains when a simulated contract is void, not merely rescissible, using a P50-million property assignment case.

Valid Service of Summons in Foreign Judgment Recognition: Key Lessons from Express Padala v. Ocampo

Philippine Supreme Court ruling on invalid substituted service of summons in foreign judgment recognition, and its due process implications.

Due Process Rights and Fair Notice in Administrative Cases: The Iglesias Ruling

The Supreme Court clarifies that administrative due process requires fair notice of charges, but valid original allegations can still support dismissal.

Disbarment for Deceit and Unauthorized Notarization: Ethical Standards for Lawyers

Supreme Court affirms suspension and notarial disqualification for a lawyer who used falsified documents and notarized outside his jurisdiction.

Insurance Subrogation: Establishing Insurer's Rights Against Third-Party Carriers

Philippine Supreme Court clarifies when insurers can recover from carriers via subrogation, and when presenting the insurance policy is required.

Public Use Prevails Over Private Claims in Road Right-of-Way Dispute

Supreme Court rules that road rights-of-way are public dominion property, and private claimants cannot demand just compensation for land never validly acquired.