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 65 articles for encumbrances

Attachment Liens Priority Rights AND Protection IN Property Disputes

Learn how prior attachment liens survive property transfers and title cancellations, and why courts must preserve these encumbrances.

Protecting Homebuyers: PD 957 Prevails Over Bank Mortgages in Subdivision Sales

Supreme Court rules banks must honor PD 957 protections for subdivision buyers, even when properties are mortgaged to secure developer loans.

Equitable Mortgage Ruling Reasserts Mortgagor Rights in Property Disputes

Supreme Court clarifies that in equitable mortgages, reconveyance to the mortgagor is the principal remedy—not payment of fair market value.

Why Torrens Titles Are Indefeasible: Collateral Attacks and Good Faith Buyers

Philippine law protects Torrens titles from collateral attack. Learn the rules on direct challenges, indispensable parties, and good faith buyers.

Bona Fide Purchase Prevails Protecting Innocent Buyers in Land Disputes

Learn how the Supreme Court protected an innocent purchaser for value from a DARAB decision that sought to cancel its Torrens titles.

When Can Courts Dismiss a Case for Failure to Prosecute? A Land Registration Lesson

The Supreme Court clarifies the limited grounds for dismissing a case for failure to prosecute, using a land registration dispute as the backdrop.

Breach of Contract When Failure to Pay Justifies Rescission Despite Concurrent Obligations

Philippine Supreme Court ruling on when failure to pay a guaranteed amount justifies rescission even if the other party also breached concurrent obligations.

Defining Agrarian Disputes When Land Ownership Claims Fall Outside DARAB Jurisdiction

The Supreme Court clarifies that ownership disputes over land, absent tenurial arrangements, are not agrarian disputes and belong to regular courts.

Levy on Mortgaged Property in the Philippines: Sheriff's Duties Explained

Philippine Supreme Court clarifies that sheriffs may levy mortgaged properties to satisfy judgments, as debtors retain beneficial ownership until foreclosure.

Forfeiture of Downpayment: When a Buyer's Stop Payment Is Justified

Supreme Court ruling on when sellers cannot forfeit a buyer's downpayment due to adverse claims on property title.

Buyers Can Suspend Payments When Title Is Clouded: Daleon v. Tan

When a property's title is clouded by an adverse claim, buyers may stop paying installments without risking forfeiture of their downpayment.

Corporate Rehabilitation Dismissed for Rule Violations and Creditor Opposition

Supreme Court affirms dismissal of corporate rehabilitation petition where debtor violated procedural rules and faced substantial creditor opposition.

Adverse Claims and Execution Liens: Priority Rules in Philippine Property Law

When an adverse claim is annotated on a title before a levy on execution, the earlier claim prevails. This case explains the priority rule.

Easement Rights in Property Use Disputes: The Legaspi Towers 300 Case

Supreme Court clarifies when easements arise in property disputes, explaining voluntary easements, apparent signs, and unjust enrichment under Philippine law.

Sellers Obligation Delivering Titles Despite Encumbrances IN Philippine Property LAW

Philippine Supreme Court ruling on subdivision sellers' duty to deliver clean titles despite encumbrances, and buyer remedies.

Protecting Your Property Purchase: The Innocent Purchaser for Value Doctrine in Philippine Law

Learn how the Supreme Court protects innocent purchasers for value under Philippine property law, and what buyers must do to secure their titles.

Compromise Agreements Prevail Over Final Judgments in Philippine Disputes

Philippine Supreme Court ruling on how compromise agreements can supersede final judgments, explained for lay readers.

Double Sale of Immovable Property: Good Faith as the Decisive Factor in Land Ownership Disputes

Learn how good faith determines ownership in double sale cases under Philippine law, and what buyers must do to protect their property rights.

Right of Way and Fair Compensation: When Attorney's Fees and Exemplary Damages Are Not Warranted

The Supreme Court clarifies when attorney's fees and exemplary damages may be awarded, reversing an award against Petron Corporation in a property dispute.

Nemo Dat Quod Non Habet: Why Title Verification Matters in Philippine Property Deals

Philippine law bars transferring property you don't own. Learn the nemo dat rule from Hermosilla v. Remoquillo and how to protect your purchase.

Adverse Claims vs. Levy on Execution: Protecting Property Rights in the Philippines

Learn when an adverse claim can defeat a levy on execution in Philippine property law, based on a 2006 Supreme Court ruling.

Condominium Assessments: Lien Enforcement and Priority in the Philippines

Learn how condominium assessment liens work in the Philippines, including registration requirements, priority rules, and enforcement limits under the Condominium Act.

The Perils of Selling Land You Don't Own: Resolving Property Disputes in the Philippines

Philippine Supreme Court ruling on adverse claims, constructive notice, and what happens when someone sells or leases property they no longer own.

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.