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 2543 of 43 articles for deed of sale

Simulated Contracts in the Philippines: Intent, Validity, and the Valerio Case

Learn how Philippine courts decide simulated contracts by examining party intent, absolute vs. relative simulation, and the Valerio ruling.

Tax Declaration vs. Deed of Sale: Proving Land Ownership in the Philippines

A tax declaration annotation is not proof of land ownership. Learn what documents legally establish title under Philippine law.

When Can a Co-Owner File an Ejectment Suit in the Philippines? The Adlawan Rule

Philippine law lets a co-owner file ejectment, but only for the benefit of all co-owners—not for sole personal gain. Here's what Adlawan v. Adlawan teaches.

Barangay Jurisdiction in Property Disputes: Residency of the Real Party in Interest Controls

The Supreme Court clarifies that the real party in interest's residency, not the attorney-in-fact's, determines barangay lupon jurisdiction over disputes.

Service by Publication in the Philippines: Strict Rules for Valid Summons

Learn the strict requirements for valid service of summons by publication in the Philippines, and why procedural lapses can void court judgments.

Clerks of Court as Notaries: Limits on Ex Officio Notarial Powers

Clerks of court are ex officio notaries, but their notarial powers extend only to official duties—not private documents.

Prescription for Falsification of Public Documents: When the Clock Starts

Learn when the prescription period begins for falsification of public documents under Philippine law, based on the Supreme Court ruling in Recebido v. People.

Laches and Forgery in Philippine Property Law: The Isabela Colleges Case

Philippine property law: can laches defeat a forgery claim? The Supreme Court's ruling in Isabela Colleges v. Heirs of Rivera explains why delay can be deadly.

Partition Inter Vivos and Torrens Title Protection: Lessons from Zaragoza v. Morgan

Philippine law allows property owners to partition estates during their lifetime, but only if legitimes are respected and titles are challenged directly.

Amended Complaints and Court Jurisdiction: The Que v. Court of Appeals Rule

Amending a complaint to add parties or claims does not automatically strip a Philippine court of jurisdiction if the original cause of action remains intact.

Written Authority Required for Real Estate Agents: The City-Lite Realty Rule

Under Article 1874 of the Civil Code, an agent selling land must have written authority; otherwise, the sale is void. Learn the rules.

Simulated Sales in Philippine Property Law: Intent, Foreign Ownership, and the Blanco v. Quasha Precedent

Learn how Philippine courts determine simulated sales, why intent matters, and the key lessons from Blanco v. Quasha on property transactions.

Homestead Redemption After Foreclosure: The 5-Year Right Under the Public Land Act

Homesteaders have a five-year right to repurchase foreclosed land under the Public Land Act, even after a bank consolidates title.

Residency Requirement for Philippine Candidates: The Domino Doctrine on Domicile

Philippine election law equates residency with domicile. The Domino case shows why voter registration and genuine intent matter for candidates.

When Is a Sheriff Liable for Wrongful Execution? The De Guzman Rule

Philippine law shields sheriffs who execute judgments in good faith and with an indemnity bond. Learn the rules on wrongful execution and third-party claims.

Conditional vs. Absolute Sale: How Philippine Courts Determine True Property Ownership

Philippine courts look beyond contract labels to determine if a sale is absolute or conditional. Learn the key rules from a landmark Supreme Court case.

Equitable Mortgage vs. Pacto de Retro Sale: When a "Sale" Is Really a Loan

Philippine law presumes certain "sales with right to repurchase" are equitable mortgages, protecting borrowers from unfair lending arrangements.

Conditions vs. Warranties in Philippine Sales Contracts: The Power Commercial Case

Learn how Philippine law distinguishes contract conditions from warranties, and when a seller's failure to deliver possession justifies rescission.

Builder in Good Faith in the Philippines: Rights Under Property Law

When can a mistaken builder claim good faith under Philippine law? The Supreme Court's ruling in Pleasantville clarifies the rights of builders and landowners.