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 457480 of 568 articles for estate

Mortgagee as Indispensable Party in Title Nullification Suits: Key Lessons

A mortgagee must be joined in suits to nullify a Torrens title; otherwise, the resulting judgment is void for lack of jurisdiction.

Indispensable Parties Protecting Mortgagee Rights In Title Nullification Suits

When a title nullification suit omits the mortgagee, the resulting judgment is void. The Supreme Court explains why.

Unconscionable Penalties in Real Estate Contracts: Balancing Equity and Contractual Obligations

When a 3% monthly penalty on unpaid installments becomes unconscionable, Philippine courts may reduce it under Civil Code Articles 1229 and 2227.

Eyewitness Testimony and the Standard of Proof in Robbery with Homicide Cases

How Philippine courts weigh eyewitness identification against denial in robbery with homicide, and what it means for the burden of proof.

PNB v. Ritrato Group: Suing the Wrong Party in Foreclosure Disputes

Learn why the Supreme Court dismissed an injunction suit against PNB, a mere attorney-in-fact, and how corporate veil piercing works.

Bouncing Checks Law: The 90-Day Rule and Proof of Knowledge Under BP 22

Presenting a check after 90 days does not bar prosecution under BP 22—knowledge of insufficient funds can still be proven by other evidence.

Reversion of Land When Imperfect Titles Threaten Public Domain

Supreme Court explains when the government can seek reversion of land registered under imperfect titles, and the limits of that remedy.

Option Contract vs Contract to Sell: Key Lessons from a Philippine Supreme Court Ruling

Philippine Supreme Court clarifies the difference between an option contract and a contract to sell in real estate transactions.

Fair Rental Value in Unlawful Detainer: Key Lessons from Catungal v. Hao

How Philippine courts determine fair rental value when a lease expires, based on the Supreme Court's ruling in Catungal v. Hao.

Writ of Possession: Buyer's Right After Foreclosure Despite Pending Disputes

After foreclosure and failed redemption, a property buyer can obtain a writ of possession even if the former owner raises objections. Learn the rules.

Sublessees Rights Establishing Superiority Over THE Original Lessors Claim IN Property Disputes

The Supreme Court clarifies when sublessees can assert rights superior to an original lessor's claim in property disputes.

Buyer Beware: Understanding Delivery Delays and Liabilities in Philippine Sales Contracts

Learn how Philippine courts treat conditional sales, court approval requirements, and seller liability when property sales face delays.

Void Marriages and Inheritance Rights: Determining Legal Heirs in the Philippines

Philippine Supreme Court ruling on void marriages, death benefits, and who qualifies as legal heirs under the Family Code.

The Perils of Verbal Land Deals: Why Written Authority Is Non-Negotiable in Philippine Real Estate

Learn how the Supreme Court protects small property owners from expropriation and why written authority is crucial in Philippine land deals.

Revoking a Donation for Ingratitude in the Philippines: The Noceda Case

Philippine law allows donors to revoke gifts when donees show ingratitude, such as usurping the donor's property. Learn the rules and limits.

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.

Verbal Contracts in the Philippines: Are Oral Agreements Legally Binding?

Oral agreements can be legally binding in the Philippines, but proving them in court requires clear and convincing evidence. Learn the rules.

Navigating Inheritance for Distant Relatives in the Philippines: Understanding the Rule of Proximity

Learn how Philippine intestate succession works for distant relatives, including the rule of proximity and who inherits when no immediate family exists.

Pactum Commissorium: Why Automatic Property Grab in Loan Agreements Is Illegal in the Philippines

Philippine law bans pactum commissorium—automatic property forfeiture in loans. Learn the rule, the Marino v. Salcedo case, and your rights.

Avoiding Forum Shopping: Why Filing Multiple Cases Can Jeopardize Your Claim in the Philippines

Learn how filing multiple cases over the same dispute can lead to dismissal for forum shopping, based on a Philippine Supreme Court ruling.

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.

Lease Agreements in the Philippines: Why Written Consent Before Construction Matters

Learn how the Supreme Court's ruling in Bugatti v. Baguilat underscores the need for a perfected lease contract before construction begins.

Deed of Sale or Loan Understanding: Equitable Mortgage in Philippine Property Law

When is a deed of sale really an equitable mortgage? The Supreme Court clarifies the rules on when courts will presume a loan arrangement.

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.