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 409432 of 561 articles for estate

Inofficious Donation and Legitime: Protecting Compulsory Heirs' Inheritance Rights in the Philippines

Learn how Philippine law protects compulsory heirs from inofficious donations that impair their legitime, explained through a Supreme Court case.

Dragnet Clauses in Mortgages: Limits on Securing Future Debts with Existing Collateral

Philippine Supreme Court clarifies when a dragnet clause in a real estate mortgage covers future loans, and when separate security prevails.

Jurisdiction Clarified When Regular Courts Handle Property Disputes Despite Developer Status

When do regular courts, not HLURB, hear property disputes? The Supreme Court clarifies jurisdiction rules in Lacson Hermanas v. Heirs of Ignacio.

Authority Matters: Why Verbal Assurances From Bank Clerks Can't Seal Property Deals in the Philippines

Philippine Supreme Court ruling on why verbal assurances from bank clerks cannot validate property transactions, and the importance of proper authority.

Extraterritorial Service of Summons: Due Process for Non-Resident Defendants

Philippine courts must strictly comply with rules on extraterritorial service of summons before declaring non-resident defendants in default.

Unmasking Equitable Mortgages in the Philippines: A Guide for Property Buyers and Sellers

When is a deed of sale actually a loan? Learn how Philippine courts unmask equitable mortgages and protect property buyers and sellers.

Brokers Commission Rights When Can a Seller Evade Payment After a Sale

Can a seller evade paying a broker's commission after a sale closes? This case explains when fees remain due.

Perfecting Appeals: The Crucial Difference Between Single and Multiple Judgments in Philippine Law

Learn when a record on appeal is required in Philippine civil procedure, and why missing this step can cost you your appeal.

Usury Law and Loan Obligations: Balancing Lender Rights and Borrower Protection

Philippine Supreme Court ruling on 21% interest validity, 3% monthly surcharge nullity, and borrower obligations under the Usury Law.

Who Pays Capital Gains Tax and Sale Registration Costs in Philippine Property Deals

Philippine Supreme Court clarifies who bears capital gains tax and registration expenses in property sales, distinguishing obligations of individual and corporate sellers.

Option to Purchase vs Contract to Sell: Understanding Property Rights and Obligations

The Supreme Court clarifies the distinction between an option to purchase and a contract to sell, and the consequences of failing to comply with their terms.

When Payment Defaults Threaten Property Rights: Understanding Rescission in Real Estate Sales

A buyer's failure to pay the full purchase price can lead to contract rescission, even after years of partial payments. Learn the rules.

Forum Shopping and Appeal Jurisdiction: Traverse Development Corp. v. DBP

When a dismissal order raises only legal questions, appeal lies with the Supreme Court, not the Court of Appeals.

Piercing the Corporate Veil When Tax Avoidance Becomes Evasion

The Supreme Court explains when tax planning crosses the line into tax evasion, and when a stockholder's estate can be held liable for corporate tax deficiencies.

Res Judicata and Forum Shopping in Partition Cases: When a Separate Nullity Suit Is Barred

A Supreme Court ruling explains why a separate action to nullify a deed of sale is barred by forum shopping when the same issue can be resolved in a pending partition case.

Second Chances Denied: The High Cost of Procedural Missteps in Philippine Litigation

A Supreme Court ruling shows why "honest mistake" rarely justifies a new trial—and why procedural deadlines and rules are strictly enforced.

Breach of Contract and Preliminary Attachment: D.M. Wenceslao v. Readycon

Supreme Court clarifies when a wrongful attachment claim succeeds and when a contract balance becomes due, in a construction supply dispute.

Ombudsmans Discretion Investigating Complaints Against Public Officials IN THE Philippines

The Supreme Court clarifies the Ombudsman's discretionary power to investigate complaints against public officials and the limits of judicial review.

Loan Agreements: The Bank's Obligation to Release Funds and Consequences of Non-Compliance

When can a bank withhold loan proceeds? Philippine National Bank v. RBL Enterprises clarifies the rules on loan release, conditions precedent, and damages.

Paying Appellate Docket Fees on Time Is Mandatory for a Valid Appeal

Philippine Supreme Court ruling on why paying appellate docket fees on time is mandatory, and what happens when an appeal is filed without them.

Possession After Foreclosure: Why the Buyer Wins the Writ of Possession

Buyers in extrajudicial foreclosure sales are entitled to possession of the property. The Supreme Court explains why in Samson v. Rivera.

Condominium Living Enforcing Brochure Promises and Addressing Building Defects

Philippine Supreme Court ruling on condominium buyers' rights, brochure promises as warranties, and remedies for building defects under PD 957.

Judicial Stability vs Land Disputes: Resolving Conflicting Property Rights Claims

The Supreme Court explains how the doctrine of judicial stability bars courts from interfering with co-equal courts' judgments in property disputes.

15-Day Deadline for Appealing HLURB Decisions to the Office of the President

Learn the strict 15-day appeal period for HLURB decisions to the Office of the President, as clarified by the Supreme Court in Maxima Realty.