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 Ministerial Duty Despite Pending Nullity Suit
Land Registration in the Philippines: Why Possession Since June 12, 1945 Matters
The Supreme Court denied a land registration application because possession began after June 12, 1945, and before the land was declared alienable and disposable.
Election Gun Ban vs Illegal Firearm Possession: Avoiding Double Conviction
Philippine Supreme Court clarifies when a person can be convicted of illegal firearm possession during an election gun ban period.
Prior Possession Prevails: Resolving Forcible Entry Disputes in Philippine Law
Philippine Supreme Court clarifies that in forcible entry cases, prior physical possession—not ownership—determines who stays on the property.
Extrajudicial Repossession After Lease Default: What Irao v. By the Bay, Inc. Means
Supreme Court explains when a lessor's demand letter counts as notice of termination, allowing extrajudicial repossession of leased property.
Extrajudicial Lease Termination: When a Demand Letter Suffices to End a Lease
Philippine Supreme Court ruling on when a lessor's demand letter validly terminates a lease and allows extrajudicial repossession.
Possession Rights When CAN A Bank Eject A Buyer After Foreclosure
Simulated Sales: When Continued Possession Trumps a Deed of Sale
Philippine Supreme Court ruling on simulated sales: continued possession and tax payments can nullify a deed of absolute sale.
Land Registration: Proving Continuous Possession for Imperfect Titles
The Supreme Court explains what evidence is needed to register land under an imperfect title, requiring possession since June 12, 1945.
When Possession Is Nine Tenths of the Law: Certiorari, Amparo, and Habeas Data in Property Disputes
The Supreme Court clarifies that forcible entry cases belong to first-level courts, and that amparo and habeas data cannot substitute for ordinary remedies in property disputes.
Writ of Possession Is Ministerial Duty, Not a Venue for Fraud Claims
The Supreme Court clarifies that a writ of possession in extrajudicial foreclosure is a ministerial duty, not subject to fraud claims.
Writ of Possession After Foreclosure: What Buyers at Auction Must Know
The Supreme Court clarifies that a writ of possession issues as a matter of right to a foreclosure sale purchaser, even if the mortgagor files an annulment case.
Land Registration Imperfect Title Requires Possession Since June 12 1945
Supreme Court clarifies that 30 years of possession is not enough; possession must trace back to June 12, 1945 for land registration.
Immediate Possession in Expropriation: Public Purpose Need Not Be Settled First
Supreme Court clarifies that in expropriation cases, a local government may take possession of property upon filing the case and depositing 15% of the tax value, without a prior hearing on public purp
Writ of Possession in Foreclosure: Ministerial Duty vs Equitable Considerations
When can a court refuse to issue a writ of possession after foreclosure? The Supreme Court clarifies the ministerial duty rule and its exceptions.
Writ of Possession After Foreclosure: Ministerial Duty of Courts Explained
Learn when courts must issue writs of possession after extrajudicial foreclosure and why pending cases questioning mortgage validity do not stop it.
Jurisdiction Over Land Titles Actual Possession Trumps Reconstitution
Land Title Registration: Proving Open Continuous Possession Since June 12, 1945
Philippine Supreme Court ruling on what evidence is needed to register land title based on possession since June 12, 1945.
Possession IS KEY Illegal Logging AND THE Importance OF Proper Documentation
DARAB Holds Exclusive Jurisdiction Over CARP Implementation Cases
The Supreme Court clarifies that DARAB, not regular courts, has exclusive jurisdiction over disputes involving CARP implementation, even when framed as recovery of possession.
Prior Physical Possession Is Key in Forcible Entry Cases: Gonzaga v. Agan
Philippine Supreme Court explains why ownership alone is not enough to win a forcible entry case—prior physical possession is required.
Retroactive Application of Penal Laws Favoring the Accused in Illegal Firearm Possession
When a new penal law favors an accused, it applies retroactively. The Supreme Court explains this rule in an illegal firearm possession case.
Tax Declarations as Indicia of Possession: Lessons from Leoncio v. De Vera
Philippine Supreme Court ruling on tax declarations as evidence of possession and ownership in land reconveyance cases.