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.
DARAB Jurisdiction Over Annulment of Land Sales Under CARP Coverage
Supreme Court clarifies DARAB jurisdiction over annulment of deeds of sale for agricultural lands covered by CARP, even without notice of coverage.
Limits of a General Power of Attorney Authority to Sell Real Property in the Philippines
Philippine Supreme Court clarifies that a general power of attorney does not authorize an agent to sell real property without a special power of attorney.
Supreme Court Voids 'Right to Top' Clause in Government Asset Sale: Osmeña v. PSALM
The Supreme Court invalidated a 'right to top' provision in a government land lease, reaffirming that competitive public bidding protects public interest.
Perfecting Appeals and the Strict Rules on Judicial Reconstitution of Torrens Titles
The Supreme Court reminds courts that petitions for judicial reconstitution of lost Torrens titles demand strict compliance with RA 26.
Mortgage Foreclosure Absence of Special Power to Sell Invalidates Extrajudicial Proceedings
Philippine Supreme Court rules that extrajudicial foreclosure requires a special power to sell inserted in or attached to the mortgage deed, otherwise the proceedings are void.
Breach of Contract and the Limits of Bank Manager Authority: Apparent Authority in Real Estate Transactions
When does a bank branch manager's promise bind the bank? The Supreme Court explains apparent authority in Games and Garments Developers, Inc. v. Allied Banking Corporation.
Can Acquisitive Prescription Defeat a Torrens Title? The Dy v. Yu Ruling
The Supreme Court explains when long-term adverse possession can defeat a Torrens title, despite the system's guarantee of indefeasibility.
Demolition Orders and Due Process: Key Lessons from the Alangdeo Case
The Supreme Court invalidated a demolition order in Alangdeo v. City Mayor of Baguio, reinforcing due process and legal safeguards for property owners.
Garbage Fees and Socialized Housing Tax: When Local Levies Go Beyond Legal Limits
The Supreme Court ruled on Quezon City's power to impose garbage fees and socialized housing tax under the Local Government Code.
Revocation and Renewal: Understanding Surety Obligations in Philippine Banking
When a continuing surety expires or is revoked, a bank cannot hold the surety liable for loans made after that point.
Protecting Public Land: The Nullity of Sales Within the Five-Year Prohibitory Period
A sale of free patent land within five years is void ab initio, imprescriptible, and cannot be cured by laches.
Contributory Negligence in Property Disputes: Balancing Rights and Responsibilities
When adjoining landowners cause damage to each other, Philippine courts weigh contributory negligence in awarding damages. Learn from the Vergara v. Sonkin case.
Corporate Responsibility Enforcing Contracts Despite Technicalities
Supreme Court clarifies corporate rehabilitation rules, HLURB receiver requests, and 180-day plan approval periods in Lexber v. Dalman.
When Can a Bank Deposit Real Property Instead of Cash to Lift an Attachment?
Philippine Supreme Court clarifies that under Rule 57, only cash deposit or counter-bond can lift a writ of attachment.
Reconveyance Actions Proving Ownership Beyond Mere Possession
Learn when courts consolidate reconveyance and reivindicatory actions, and why Torrens titles cannot be collaterally attacked under Philippine law.
Reconveyance Claims: Proving Ownership by Clear and Convincing Evidence
A look at Ibot v. Heirs of Tayco, where the Supreme Court clarified the burden of proof in reconveyance actions and the limits of Torrens title challenges.
Land Registration Requires Impeccable Proof of Alienability
The Supreme Court nullified a land registration judgment where applicants failed to present documentary proof that the property was alienable and disposable public land.
Suspension of Arraignment, DOJ Review, and the Right to Speedy Trial in Copyright Cases
Explaining when courts may suspend arraignment pending DOJ review and how delay affects the right to speedy trial in copyright infringement cases.
Theft vs. Estafa: When Employee Misappropriation Is Not Estafa (Benabaye Doctrine)
The Supreme Court in Benabaye v. People clarifies when an employee's misappropriation of funds is theft, not estafa, based on possession.
Breach of Trust Establishing Guilt in Qualified Theft Cases in the Philippines
The Supreme Court explains how a cashier's breach of confidence proves qualified theft, affirming reclusion perpetua for P640,353.86 misappropriation.
Redemption Rights Clarifying Repurchase Price After Foreclosure Of Public Land
Supreme Court clarifies the repurchase price for foreclosed free patent land under Section 119 of the Public Land Act.
Adverse Possession and Land Registration: Clarifying Requirements for Imperfect Titles
Supreme Court clarifies that possession before a land's classification as alienable and disposable counts toward confirming imperfect title under Section 14(1).
Grave Misconduct Requires Proof of Wrongful Intent, Not Just a Flawed Revaluation
When is a bad property valuation grave misconduct? The Supreme Court clarifies the evidence needed to hold public officers liable.
Sheriffs Must Strictly Follow Execution Procedures or Face Administrative Liability
Philippine Supreme Court reminds sheriffs to strictly follow execution rules, compute amounts themselves, and file timely returns.