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 529552 of 1,128 articles for property

When an Agent's Mortgage Signed in Own Name Does Not Bind the Principal

A mortgage signed by an agent in a personal capacity, without indicating agency, binds only the agent, not the principal.

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.

Estate Inventory Disputes: Probate Courts' Provisional Powers on Inclusion of Properties

Explaining the Supreme Court ruling on probate courts' authority to provisionally determine ownership for estate inventory inclusion.

Reconstitution of Lost Titles: Proving Loss of Owner's Duplicate Under RA 26

Supreme Court clarifies evidence needed to reconstitute a lost or destroyed certificate of title under Republic Act No. 26.

Writ of Possession After Foreclosure: When the Surplus Must Be Returned

Philippine Bank of Communications v. Yeung clarifies when a writ of possession issues after foreclosure and how sale surpluses are handled.

Prescription and Laches in Deed of Sale Cases: Lessons from Sanchez v. Sanchez

When can a deed of sale be challenged in court? The Supreme Court clarifies the rules on prescription and laches in Sanchez v. Sanchez.

Maceda Law Protecting Installment Buyers From Improper Contract Cancellations

Learn how the Maceda Law protects installment buyers from improper contract cancellations and what the Supreme Court said about buyer rights.

Forged Documents and Good Faith: Protecting Land Ownership in the Philippines

When forged deeds meet buyers' good faith, Philippine courts weigh title protection against prudence. Learn the rules from a recent Supreme Court ruling.

Equitable Mortgage Ruling Reasserts Mortgagor Rights in Property Disputes

Supreme Court clarifies that in equitable mortgages, reconveyance to the mortgagor is the principal remedy—not payment of fair market value.

Why Torrens Titles Are Indefeasible: Collateral Attacks and Good Faith Buyers

Philippine law protects Torrens titles from collateral attack. Learn the rules on direct challenges, indispensable parties, and good faith buyers.

Foreign Land Ownership: No Reimbursement for Unconstitutional Purchases

A foreigner who knowingly violates the constitutional ban on land ownership cannot recover the purchase price, even under equity or unjust enrichment claims.

Secretary's Certificate as Proof of Corporate Authority in Philippine Litigation

Philippine Supreme Court clarifies when a secretary's certificate suffices to prove corporate authority to file pleadings, and the duties of plaintiffs in pre-trial.

Beyond the Document: When the Best Evidence Rule Doesn't Apply in Philippine Law

The Best Evidence Rule only applies when a document's terms are in issue—not its existence. Learn from a 2013 Supreme Court ruling.

When a Lawyer Buys the Client's Land: Breach of Fiduciary Duty in Property Acquisition

A lawyer who bought property his clients had already purchased breached his fiduciary duty. The Supreme Court explains why.

Agency and Authority: When a Deed Does Not Mean a Done Deal in Property Sales

Philippine Supreme Court ruling on when a deed of sale is void without proper agency authority under the Civil Code.

Receivership: A Harsh Remedy That Requires Imminent Danger of Loss

The Supreme Court clarifies that receivership is an extreme remedy, requiring proof of imminent danger of loss, not mere financial need.

Simulated Sales: When Intent to Transfer Ownership Is Absent

Philippine Supreme Court explains when a deed of sale is absolutely simulated and void, using Formaran v. Ong as a guide.

Choosing the Right Appeal: Rule 41 vs. Rule 42 in Property Disputes

The Supreme Court clarifies when to use an ordinary appeal versus a petition for review in property cases, emphasizing the importance of the correct mode of appeal.

Fair Compensation in Land Reform: Upholding Valuation Standards in Agrarian Disputes

The Supreme Court clarifies that courts must follow DAR valuation formulas in agrarian reform cases, not subjective judgments.

Public Space vs Private Gain: When Loan Agreements Undermine Public Land Rights

Supreme Court rules loans secured by public plaza are void; public dominion property cannot be collateralized for commercial ventures.

Can One Co-Owner File an Ejectment Case Alone? Yes, Says the Supreme Court

A co-owner can file an ejectment suit without joining other co-owners, as ruled in Catedrilla v. Lauron. Learn the rules.

Perfecting Appeals Strict Compliance With Rules OF Court IS Mandatory

Learn how the Supreme Court ruled on writs of possession, third-party adverse claims, and strict procedural compliance in extrajudicial foreclosures.

When Can Courts Dismiss a Case for Failure to Prosecute? A Land Registration Lesson

The Supreme Court clarifies the limited grounds for dismissing a case for failure to prosecute, using a land registration dispute as the backdrop.

When Can Government Agencies Represent Themselves? The Solicitor General's Exclusive Mandate

Explaining the Supreme Court ruling in Republic v. Cuizon on when government agencies may appear in court without the Solicitor General.