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 49 articles for notarized deed

Void Sale of City-Owned Market Stall: Refund of Price Under Article 1412

When a sale is void because the seller lacked authority to sell city property, the buyer may still recover the price paid under Article 1412.

Torrens Title Prevails Over Unregistered Deed in Possession Dispute

Supreme Court rules registered owners have better right to possession than occupants holding unregistered deeds, even notarized ones.

Vitiated Consent and Simulated Sales: Understanding Contract Nullity in Philippine Law

The Supreme Court explains when fraud vitiates consent and simulated prices void sales, using a family land dispute as a guide.

Conditional Sales and Inheritance Rights: Resolving Land Ownership Disputes in the Philippines

Learn how Philippine courts resolve land disputes involving conditional sales, inheritance, and registration requirements under the Public Land Act.

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.

Presumption of Regularity of Public Documents: The High Bar for Proving Falsification

Public documents enjoy a presumption of regularity. Learn the high evidentiary standard needed to overcome it in administrative cases.

Unmasking Land Title Fraud Evidence and Due Diligence in Philippine Property Disputes

A Philippine Supreme Court ruling on proving forged deeds, church death certificates as evidence, and due diligence in property disputes.

Who Is in Delay in Reciprocal Obligations? Philippine Contract of Sale Disputes

Philippine Supreme Court clarifies when delay begins in reciprocal obligations under a contract of sale, and why mutual default cancels out.

Fraud Voids Donations: Protecting Consent in Property Transfers

Philippine Supreme Court ruling on how fraud and misrepresentation invalidate donations, protecting illiterate donors' consent in property transfers.

Equitable Mortgage vs Absolute Sale: What Philippine Courts Look For

When is a deed of sale really a mortgage? The Supreme Court explains the rules on equitable mortgage in Cirelos v. Hernandez.

Forged Deeds and Property Rights: Protecting Your Land Title in the Philippines

A forged deed cannot transfer ownership. Learn how Philippine courts protect registered landowners from fraudulent sales.

Prescription and Reconveyance: Property Rights and Time Limits in the Philippines

Understand when actions for reconveyance prescribe in the Philippines, based on a Supreme Court ruling on property rights and time limits.

Who Pays Capital Gains Tax and Sale Registration Costs in Philippine Property Deals

Philippine Supreme Court clarifies who bears capital gains tax and registration expenses in property sales, distinguishing obligations of individual and corporate sellers.

When Payment Defaults Threaten Property Rights: Understanding Rescission in Real Estate Sales

A buyer's failure to pay the full purchase price can lead to contract rescission, even after years of partial payments. Learn the rules.

Judicial Authority and Limits: A Judge's Jurisdiction After Temporary Reassignment

Explaining the Supreme Court's ruling on a judge's notarial powers, the limits of judicial authority, and the importance of following SC Circular No. 1-90.

Registered Vehicle Owner’s Liability for Accidents: Aguilar v. Commercial Savings Bank

Philippine law holds the registered vehicle owner primarily liable for accidents, even if another person was driving. Learn the rule and its practical impact.

Perfecting Real Estate Sales in the Philippines When Receipts Seal the Deal

Learn when receipts perfect real estate sales in the Philippines, and the legal rules on ownership transfer.

When Can a Philippine Judge Act as Notary Public? Limits and Unauthorized Practice of Law

Philippine MTC judges may notarize only court-related documents, not private deeds. Learn the limits and penalties from a Supreme Court ruling.

Unmasking Simulated Sales: Why a Notarized Deed Doesnt Guarantee a Valid Property Transfer in the Philippines

A notarized deed of sale is not always proof of a valid transfer. Learn how Philippine courts look beyond documents to determine true ownership.

Can a Notary Public Also Be a Witness? Philippine Rules Explained

Philippine law generally allows a notary public to also witness the documents they notarize, except for wills. Learn the rules and limits.

Pacto de Retro Sales in the Philippines: When a Land Sale Is Not an Equitable Mortgage

Philippine Supreme Court ruling clarifies when a pacto de retro sale stands as a true sale, not an equitable mortgage.

Customs Forfeiture in the Philippines: Illegal Removal of Goods and the Buyer Beware Rule

When goods are illegally removed from customs custody, forfeiture can reach any buyer, even one claiming good faith. Learn the rules.

Paraphernal vs Conjugal Property: How Cadastral Court Findings Settle Ownership

A final cadastral court finding that a wife inherited land overcomes the presumption of conjugal property, the Supreme Court rules.

Unmasking Express Trusts in Philippine Property Law: Co-Ownership vs True Ownership

When a deed of sale is actually an express trust, the titled "owner" holds only as trustee. This case explains the difference.