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 in Foreclosure: What Third-Party Claimants Must Know
Learn how the Supreme Court ruled on writs of possession in foreclosure sales and what third-party claimants must do to protect their rights.
Foreclosure Sales: Strict Compliance With Publication Requirements
When a postponed foreclosure sale proceeds without republication of notice, the sale is void. Learn the rules from Ouano v. Court of Appeals.
Foreclosure Sales: Filing an Appeal Does Not Stop a Writ of Possession
Philippine Supreme Court clarifies that an appeal against a writ of possession in extrajudicial foreclosures does not stay its implementation.
Conditional Sales OF Real Estate Reinstatement Rights Under R A 6552
Misrepresentation and Estafa: When Silence Isn't Golden in Property Sales
Philippine Supreme Court ruling on estafa under Article 316(2) RPC, the need for express misrepresentation, and civil liability for bad faith sales.
Co-Ownership and Unauthorized Sales: Property Rights Under Article 493
A co-owner may sell only their own share. Learn how the Supreme Court protected heirs' rights in Coronel v. Constantino.
Agency and Real Estate Sales: The Necessity of Written Authority
Philippine Supreme Court ruling on why an agent's authority to sell land must be in writing, or the sale is void.
Breach of Contract in Property Sales: Rights, Interest, and Damages Under Philippine Law
A Philippine Supreme Court ruling on unpaid property sale balances clarifies when nominal damages, attorney's fees, and 12% interest apply.
Waiver of Publication in Foreclosure Sales: Protecting Public Interest Over Private Agreements
Philippine Supreme Court rules parties cannot waive publication requirements in extrajudicial foreclosure sales under Act No. 3135.
Conditional Sales of Co-Owned Property: Understanding Consent and Obligations
Explore the Supreme Court's ruling on reconveyance actions, prescription periods, and the rights of buyers in conditional sales of co-owned property.
Boundaries Defined Resolving Land Disputes in Sales of Real Estate
Lessees cannot question a landlord's title to land, even if they claim the property belongs to the State.
Co-Owner's Right of Redemption Does Not Apply to Sales to Another Co-Owner
Philippine Supreme Court clarifies when co-owners may redeem property sold to third persons, and when the right does not arise.
Priority of Registered Attachment Liens: Protecting Creditors in Real Property Sales
When a registered attachment lien beats an unregistered sale: lessons from Biñan Steel v. Garcia on creditor protection in Philippine property law.
Security of Tenure Prevails: Land Sales Do Not Override Tenant Rights Under Agrarian Reform
Philippine Supreme Court ruling on how land sales cannot override tenant rights and security of tenure under agrarian reform laws.
Notarization Is No Empty Ritual: Lessons from Rosales v. Ramos on Notarial Duties
A notary public who fails to record a notarized deed faces revocation and suspension. Learn the duties and consequences.
Proving Simulation of Property Sales: The Burden on Those Who Impugn a Deed
The Supreme Court clarifies when a notarized deed of sale may be declared simulated and who bears the burden of proof.
Challenging Contract Validity: Proving Simulation in Property Sales Under Philippine Law
The Supreme Court clarifies the burden of proving simulated contracts in property sales, emphasizing that mere family relations do not prove simulation.
Void Sales and Mortgagee Rights: Protecting Landowners From Fraudulent Transactions
Learn how Philippine courts protect landowners from fraudulent sales and mortgagee rights in property transactions.
Buy-Bust Operations: Entrapment vs Instigation in Illegal Drug Sales
The Supreme Court explains the difference between valid entrapment and unlawful instigation in drug busts, using People v. San Juan.
Breach of Trust and Estafa: Accountability in Jewelry Sales Agreements
When a jewelry seller fails to remit proceeds or return unsold items, criminal liability for estafa may arise despite payment agreements.
Rescission Rights Protecting Buyers From Misrepresentation IN Real Estate Sales
Indefeasibility of Title vs Claims of Prior Ownership: Understanding Land Registration Disputes
When a Torrens title becomes indefeasible, prior claims—even earlier sales—can no longer defeat it. Learn the rules from a 2001 case.
Redemption Rights: Upholding Mortgagor's Five-Year Redemption Agreement
Supreme Court affirms five-year redemption period for mortgagor, voiding subsequent sales that cut short the agreed term.
Foreclosure Sales: Bank's Right to Possession After Redemption Period Ends
Supreme Court ruling on a bank's right to possession of foreclosed property after the redemption period expires without redemption.