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 214 articles for ownership

Intent to Gain in Theft Cases: Good Faith Ownership Claims Under Philippine Law

Philippine theft law requires intent to gain. Learn how a good faith belief in ownership can defeat criminal charges, citing Amarille v. People.

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.

Forcing Title Surrender After a Property Sale: What the Law Says

Learn when courts can compel a certificate of title's surrender under the Property Registration Decree, and the key difference between its relevant provisions.

Trademark Ownership in the Philippines: Why Registration Beats Prior Use

Philippine trademark law shifted from use-based to registration-based ownership. Learn how the "Mr. Gulaman" case clarifies the rules and risks.

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 Lawyers Serve Two Masters: Ethical Violations in Land Deals and Public Office

The Supreme Court suspended a lawyer-mayor for helping circumvent land ownership rules and practicing law while in public office.

Enforcing a Philippine Judgment: Time Limits, Property Levies, and Revival

Learn the 5-year rule for executing judgments in the Philippines, how to revive a dormant judgment, and what property a sheriff can levy.

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.

Reconstitution of Lost Land Titles: Register of Deeds' Duty Under RA 26

When registry records go missing, who must reconstitute your land title? The Supreme Court clarifies the Register of Deeds' duty under RA 26.

Copyright Assignment and Forgery: What the Supreme Court Ruled

A forged Deed of Assignment does not transfer copyright ownership, and using the work anyway can lead to infringement liability.

Bunkhouse Residency and Voter Registration: The Bascon Ruling Explained

The Supreme Court affirms that workers living in employer-provided bunkhouses can establish voter residency, provided they meet legal requirements.

Citizen Suits and Native Title: What the Maliones Case Means for Philippine Environmental Law

The Supreme Court clarifies that citizen suits protect the environment but cannot resolve native title claims, which belong to the NCIP.

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.

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.

Prejudicial Question in the Philippines: Suspension, Not Dismissal, of Criminal Cases

A prejudicial question suspends, not dismisses, a criminal case. Learn the rule from a recent Supreme Court ruling.

Trademark Ownership in the Philippines: When Bad Faith Defeats First-to-File

Prior use can defeat a first-to-file trademark application if the applicant acted in bad faith. Learn the rule and its exceptions.

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.

Homestead Patent vs. Implied Trust: Key Supreme Court Ruling on Land Disputes

The Supreme Court clarifies when an implied trust can override a homestead patent under the Public Land Act, and why the case was remanded.

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.

Derivative Works and Copyright Ownership in the Philippines: The Tupaz Case

The Tupaz case clarifies Philippine law on derivative works, copyright ownership, and the idea/expression dichotomy in collaborative designs.

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.