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 76 articles for real estate

Consent in Contracts: Supreme Court Voids Mortgage for Lack of Genuine Agreement

Supreme Court voids mortgage where a bank misled an elderly woman into signing a loan document she believed was a mere guarantee.

Laches in Philippine Law: How Delay Can Bar Your Legal Claims

Learn how the doctrine of laches can bar legal claims in the Philippines, even before the prescriptive period expires, through the Supreme Court's ruling in Ang v. Abaldonado.

Unconscionable Interest Rates: When 5% Monthly Loan Interest Is Void in the Philippines

Philippine courts void unconscionable loan interest rates even if borrowers agreed to them. Learn the rules, the legal interest substitute, and foreclosure effects.

Encroachment and Good Faith: Land Dispute Remedies Under Article 448

A Supreme Court ruling on encroachment clarifies when a landowner may recover possession and how Article 448 protects builders in good faith.

Authority to File Suit: When a Missing SPA Defeats Court Jurisdiction

A complaint filed by an attorney-in-fact without a Special Power of Authority is invalid, depriving the court of jurisdiction over the case.

Procuring Cause: When Real Estate Brokers Earn Their Commission

Learn when a real estate broker earns a commission under Philippine law, explained through the Supreme Court's ruling in Ticong v. Malim.

Compulsory vs. Permissive Counterclaims: What Philippine Litigants Must Know

Learn the difference between compulsory and permissive counterclaims in Philippine courts, including docket fees, forum shopping, and the Alba v. Malapajo ruling.

Caveat Emptor in Philippine Real Estate: Why Buyers Must Verify Title Before Purchase

The Supreme Court's Ranara ruling shows why buyers must verify property titles—failure to do so can mean losing both the purchase price and improvements.

Unpaid Purchase Price: When a Deed of Absolute Sale Is Void for Lack of Consideration

A deed of sale without actual payment is void from the start. Learn the Supreme Court's ruling and key lessons.

Extrinsic Fraud and Annulment of Judgment: What Litigants Must Know

The Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud, and explains the strict requirements for annulling a final judgment under Rule 47.

Motion for Reconsideration Before Certiorari: The Novateknika Rule

Philippine courts require a motion for reconsideration before filing certiorari. Learn the rule, its exceptions, and why it matters.

Attempted Estafa in the Philippines: Proving Intent to Defraud and Penalties

Learn how Philippine courts prove intent to defraud in attempted estafa cases, the elements of the crime, and the applicable penalties under the Revised Penal Code.

Clarification vs. Amendment: When a Final Judgment Can Still Be Explained

Philippine courts can clarify final judgments but not amend them. Learn the distinction from Spouses Mahusay vs. B.E. San Diego, Inc.

Partial Redemption in Philippine Foreclosure: Can You Redeem Select Properties?

Philippine law allows partial redemption of foreclosed properties. Learn the rules, limits, and practical implications from a key Supreme Court ruling.

Verification and Certification Against Forum Shopping: Why All Petitioners Must Sign

A single unsigned verification can dismiss a case. Learn the strict rules on certification against forum shopping from Formoso v. PNB.

Falsification of Public Documents: Presumption of Authorship Explained

Learn how Philippine courts presume authorship of falsified documents and why beneficiaries bear the burden of proof under Article 172.

Option Contract vs. Right of First Refusal: Key Differences Under Philippine Law

Learn the difference between an option contract and a right of first refusal in Philippine real estate, based on the Supreme Court's ruling in Tuazon v. Del Rosario-Suarez.

HLURB Jurisdiction Over Condominium Disputes: Peralta v. De Leon Explained

Learn how the Supreme Court affirmed HLURB's exclusive jurisdiction over condominium buyer-developer disputes in Peralta v. De Leon.

Lump Sum vs. Unit Price in Land Sales: The Del Prado v. Caballero Rule

Philippine land sale disputes often hinge on lump sum versus unit price contracts. The Supreme Court's ruling in Del Prado v. Caballero clarifies the rules.

Lis Pendens Cancellation: Final Judgments and Property Rights Under Biglang-Awa

Learn when a notice of lis pendens can be cancelled after a final judgment, based on the Supreme Court ruling in Biglang-Awa v. Philippine Trust Company.

Right of Pre-emption for Adjoining Landowners in the Philippines: A Guide

Learn how Article 1622 protects adjoining landowners of small urban lots, explained through the Supreme Court case Contreras v. Alcantara.

Land as Attorney’s Fees: Enforcing Written Contracts for Legal Services in the Philippines

Philippine courts uphold written attorney’s fee contracts, even those paid in land, provided the essential elements of a valid contract are present.

Automatic Contract Cancellation in the Philippines: Grace Periods and Buyer Obligations

Missed payments on a Contract to Sell can trigger automatic cancellation. Learn the rules from Santiago v. Court of Appeals.

Good Faith Builder Rights Under Article 448: Key Lessons from a Philippine Supreme Court Case

Understand the rights of a builder in good faith under Philippine law, including the landowner's options under Article 448 of the Civil Code.