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 433456 of 562 articles for estate

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.

Mistake of Law vs Mistake of Fact: Grounds for Relief from Judgment in the Philippines

Philippine Supreme Court clarifies that only mistakes of fact, not errors of law, justify relief from judgment under Rule 38.

Foreclosure Publication Requirements: Protecting Property Rights in Rural Bank Loans

Learn how strict publication rules in rural bank foreclosures protect property owners, and why buyers must verify possession before purchasing.

Attorney Sanctioned for Neglecting Client’s Appeal: Lessons in Diligence

A lawyer who failed to file an appellant’s brief was suspended for six months. Learn the ethical rules that every Philippine attorney must follow.

When Heirs Cannot Sue to Void Parents' Property Sales Before Death

Philippine Supreme Court ruling on when compulsory heirs lack legal standing to challenge parents' sales of property during their lifetime.

HLURB Jurisdiction Over Homeowner-Developer Disputes: Key Ruling

The Supreme Court confirms HLURB's exclusive jurisdiction over homeowner-developer construction disputes, not the RTC. Learn the rules and practical implications.

Landlord Rights Prevail Recovering Possession Despite Ownership Claims

Philippine Supreme Court ruling on when tenants cannot appeal denial of new trial and how counsel's errors bind clients.

Compulsory vs Permissive Counterclaims: When Court Fees Are Not Required in Loan Disputes

Learn when a counterclaim in a loan dispute is compulsory and exempt from docket fees, based on a 2003 Supreme Court ruling.

Reclaimed Lands and the Constitution: Limits on Government Transfers to Private Corporations

The Supreme Court voids a land reclamation deal transferring public lands to a private corporation, reaffirming constitutional limits on alienable lands.

Contract to Sell vs Contract of Sale: Understanding Conditions and Obligations

Learn the key differences between a contract to sell and a contract of sale under Philippine law, including when ownership transfers and what obligations arise.

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.

HLURB Jurisdiction vs Unlawful Detainer: Defining the Boundaries in Property Disputes

The Supreme Court clarifies when the HLURB has jurisdiction over subdivision lot disputes and when ejectment cases belong in regular courts.

Sale vs Promise to Sell: When Ownership Passes in Real Estate Deals

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

Upholding Integrity: Dishonesty and Misconduct in Public Service

A judge's side business as a real estate broker leads to administrative liability, reaffirming that judicial integrity must be beyond reproach.

Usurious Loans and Mortgage Validity When Interest Exceeds Legal Limits in the Philippines

Philippine Supreme Court ruling on usurious loans: when hidden interest voids a mortgage and what borrowers and lenders should know.

Residential vs Agricultural Land: Resolving Land Use Classification and Tenant Rights

Supreme Court clarifies when land is residential and exempt from agrarian reform, plus the rules on irrevocable agency coupled with interest.

Chattel vs Real Property: How Mortgage Classification Affects Foreclosure Rights

Philippine Supreme Court ruling on when machinery is chattel or real property, and why classification determines what a mortgage covers.

Bank Liability for Premature Foreclosure and Dishonored Deposits

When can a bank be liable for damages? The Supreme Court rules on premature foreclosure, dishonored checks, and bad faith.

Attorney’s Lien in the Philippines: Can It Attach to Real Property?

Philippine law limits attorney’s liens to judgments and client documents—not land. Learn the rules from a Supreme Court ruling.

Mortgagee as Indispensable Party in Title Nullification Suits: Key Lessons

A mortgagee must be joined in suits to nullify a Torrens title; otherwise, the resulting judgment is void for lack of jurisdiction.

Indispensable Parties Protecting Mortgagee Rights In Title Nullification Suits

When a title nullification suit omits the mortgagee, the resulting judgment is void. The Supreme Court explains why.

Unconscionable Penalties in Real Estate Contracts: Balancing Equity and Contractual Obligations

When a 3% monthly penalty on unpaid installments becomes unconscionable, Philippine courts may reduce it under Civil Code Articles 1229 and 2227.

Eyewitness Testimony and the Standard of Proof in Robbery with Homicide Cases

How Philippine courts weigh eyewitness identification against denial in robbery with homicide, and what it means for the burden of proof.

PNB v. Ritrato Group: Suing the Wrong Party in Foreclosure Disputes

Learn why the Supreme Court dismissed an injunction suit against PNB, a mere attorney-in-fact, and how corporate veil piercing works.