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 2548 of 209 articles for civil code

Deficiency Claims After Mortgage Foreclosure: The Prieto v. BPI Ruling

Learn how the Supreme Court's Prieto v. BPI ruling protects borrowers from unproven deficiency claims after mortgage foreclosure in the Philippines.

Extrajudicial Settlement in the Philippines: Why Excluding Heirs Can Void the Deal

Learn how the Supreme Court protects excluded heirs in extrajudicial settlements, and what co-owners can still do with their shares.

Foreclosure Publication Rule: Why Missing the Notice Voids the Sale

Failure to publish a foreclosure notice under Act No. 3135 is a jurisdictional defect that invalidates the sale, as Baclig v. Rural Bank of Cabugao shows.

Co-Owner’s Lease Without Consent: Rights of Heirs and Lessees Explained

Can one co-owner lease shared property without the others’ consent? The Supreme Court explains the limits, the lessee’s rights, and the remedies for non-consenting heirs.

When a MOA Becomes a Binding Contract: Lessons from a Property Sale Dispute

A Supreme Court ruling clarifies when a Memorandum of Agreement becomes a binding contract of sale, and why parties cannot later disavow it.

Defective Summons Voids Trustee Appointment: Key Lessons from Diversified Plastic Film v. PI-One

Defective summons can void court proceedings. Learn the jurisdictional limits and SPV Act requirements from this Supreme Court ruling.

Supreme Court Upholds CIAC Jurisdiction, Strikes Down 14-Day Arbitration Limit in Government Contracts

Supreme Court affirms CIAC jurisdiction over government construction disputes and voids unreasonably short 14-day arbitration periods as contrary to public policy.

Probating a Foreign Will in the Philippines: Lessons from a Landmark Case

Learn the formalities for probating foreign wills in the Philippines, from a landmark Supreme Court case on foreign law proof.

Bank Liable for Moral Damages Over Mortgage Redemption Insurance Non-Disclosure

When a bank offers mortgage redemption insurance, it must disclose coverage limits. Learn from Land Bank v. Miranda why non-disclosure can lead to damages.

Bank Negligence in the Philippines: The BDO v. Seastres Case on Extraordinary Diligence

When banks fail to exercise extraordinary diligence, they can be held fully liable for unauthorized withdrawals, as the Supreme Court ruled in BDO v. Seastres.

Default Orders and Affidavit of Merit: Lessons from Far East Fuel v. Airtropolis

A default order can be lifted only with an affidavit of merit and proof of excusable negligence. Learn the rules from a recent Supreme Court ruling.

OFW Illegal Dismissal: Philippine Labor Laws Protect Workers Abroad

Philippine labor laws protect OFWs from illegal dismissal, even abroad. Learn the rules on retrenchment, due process, and remedies.

Heirship in Property Disputes: Can Ordinary Civil Actions Decide Inheritance?

The Supreme Court clarifies when heirship can be resolved in an ordinary civil action, not just special proceedings, for property disputes.

Constructive Delivery in Property Sales: What the Tamayao Case Teaches Buyers

A notarized deed can transfer ownership, but registration is key. The Tamayao case shows why due diligence matters in Philippine property sales.

Accion Publiciana in the Philippines: Recovering Possession of Real Property

Learn how accion publiciana works in the Philippines, when to file it, and what the Ontiveros case means for property owners seeking to recover possession.

Oral Partition of Inheritance: Proving Verbal Agreements in Philippine Law

The Supreme Court clarifies when an oral partition of inherited property can override a written extrajudicial settlement, and what evidence is needed.

Proving Intimidation in Contracts: The Ortigas Land Dispute and the Burden of Proof

Philippine law presumes contracts valid. Learn how the Supreme Court requires clear evidence to prove intimidation or undue influence.

Can Religious Corporations Own Land in the Philippines? The RVM Case Explained

Learn how the Supreme Court's RVM ruling clarifies constitutional limits on religious corporations acquiring public land in the Philippines.

Accretion and Forcible Entry: Why Prior Physical Possession Beats Title

In forcible entry cases over accreted land, the Supreme Court rules that prior physical possession, not mere ownership of adjacent titled property, is decisive.

Reconveyance for Void Contracts: Imprescriptible Actions Under Article 1410

When a land transfer rests on a void or inexistent contract, an action for reconveyance does not prescribe, protecting rightful owners.

When Delay Defeats Title: Laches and Registered Land in Lorenzo v. Eustaquio

The Supreme Court ruled that laches can defeat registered land ownership, even when the original transfer was flawed. Learn the key rules.

Piercing the Corporate Veil: Jurisdiction First, Liability Later

Supreme Court clarifies that courts must first acquire jurisdiction over a corporation before applying the piercing the corporate veil doctrine to hold owners liable.

Dead Incorporator in Articles of Incorporation: When Misrepresentation Is Not Fraud

The Supreme Court clarifies when a deceased incorporator in the Articles of Incorporation warrants revocation, and when amendment suffices.

Trust Receipts and Estafa: Why a Payment Agreement Does Not Erase Criminal Liability

The Supreme Court ruled that a new payment schedule cannot erase criminal liability for trust receipt violations, which are malum prohibitum.