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.
Get a cited, plain-language answer from 184,000+ statutes and decisions — free, no sign-up.
Equitable Mortgage vs Absolute Sale: What Philippine Courts Look For
When is a deed of sale really a mortgage? The Supreme Court explains the rules on equitable mortgage in Cirelos v. Hernandez.
Tax Declaration vs. Deed of Sale: Proving Land Ownership in the Philippines
A tax declaration annotation is not proof of land ownership. Learn what documents legally establish title under Philippine law.
Upholding Notarized Deeds: Why Mere Denial Isnt Enough in Philippine Property Disputes
A Supreme Court ruling clarifies that a notarized deed of sale cannot be overturned by a seller's bare denial, explaining the burden of proof in property disputes.
Equitable Mortgage vs Pacto de Retro Sale: Philippine Real Estate Security Rules
Philippine Supreme Court clarifies when a deed of sale with right to repurchase is actually an equitable mortgage, protecting borrowers from losing property.
Equitable Mortgage vs Absolute Sale: Protecting Borrowers in Land Transactions
When is a deed of sale actually a loan secured by property? The Supreme Court explains equitable mortgage protections for borrowers.
Equitable Mortgage: When a Deed of Sale Disguises a Loan Security
Philippine Supreme Court explains when a deed of absolute sale is really an equitable mortgage securing a debt.
Equitable Mortgage vs Absolute Sale: When a Deed of Sale Is Really a Loan Security
Philippine Supreme Court explains when a deed of absolute sale is actually an equitable mortgage protecting borrowers from predatory lending.
Equitable Mortgage vs Absolute Sale: Protecting Vulnerable Parties in Property Transactions
When is a deed of sale really a loan? The Supreme Court explains how courts look beyond documents to protect vulnerable parties.
Unmasking Equitable Mortgages in the Philippines: A Guide for Property Buyers and Sellers
When is a deed of sale actually a loan? Learn how Philippine courts unmask equitable mortgages and protect property buyers and sellers.
Deed of Sale Valid Despite Misstated Price and Co-Ownership Limits
A deed of sale with a lower stated price remains binding; selling a portion of co-owned land transfers only the seller's ideal share.
Notarial Negligence and Lawyer Accountability: Serzo v. Flores on Falsified Deeds
The Supreme Court revoked a notary's commission and suspended him for two years after he notarized a deed of sale signed by a man who had already died.
Res Judicata and Forum Shopping in Partition Cases: When a Separate Nullity Suit Is Barred
A Supreme Court ruling explains why a separate action to nullify a deed of sale is barred by forum shopping when the same issue can be resolved in a pending partition case.
When a Deed of Absolute Sale Governs: Ejectment, Ownership, and the Kasunduan
The Supreme Court clarifies how courts resolve ejectment cases when a seller claims the deed of sale was incomplete, and what the Kasunduan means.
Voiding a Sale: Understanding Consent and Good Faith in Property Transactions
The Supreme Court explains when a Philippine deed of sale may be voided for lack of consent, and how the Torrens system protects buyers in good faith.
When a Deed of Sale Is Really an Equitable Mortgage: Cruz v. Cruz
The Supreme Court explains when a purported deed of sale is actually an equitable mortgage, protecting borrowers from losing property for a fraction of its value.
Equitable Mortgage vs Absolute Sale: Protecting Borrowers in Five-Six Lending
When is a deed of sale actually a mortgage? The Supreme Court protects borrowers in five-six lending schemes.
When a Sale Is Not an Equitable Mortgage: Lessons from Molina v. Flores
The Supreme Court explains when a deed of sale is a true sale and not an equitable mortgage, and why courts respect written contracts.
When Is a Deed of Sale Actually a Mortgage: Lessons from Molina v. Flores
The Supreme Court explains when a deed of absolute sale may be presumed an equitable mortgage under Article 1602 of the Civil Code.
Questioned Signatures and Church Property: Forgery Must Be Proven, Not Presumed
Philippine Supreme Court ruling on forgery of signatures in a 1936 deed of sale involving church property, and the rules on handwriting evidence.
Proving Simulation of Property Sales: The Burden on Those Who Impugn a Deed
The Supreme Court clarifies when a notarized deed of sale may be declared simulated and who bears the burden of proof.
Equitable Mortgage vs Pacto de Retro: Protecting Borrowers in Land Transactions
When is a deed of sale with right of repurchase actually an equitable mortgage? The Supreme Court explains in Blancia v. Calauor.
Simulated Sales in Philippine Law: Why Fictitious Contracts Are Void
A simulated deed of sale has no legal effect, and the resulting title must be cancelled. The Supreme Court explains why in pari delicto does not apply to fictitious contracts.
Questioning Authenticity When A Deed Of Sale Fails The Test Of Due Execution
When can a deed of sale be declared void? The Supreme Court explains the rules on due execution and authenticity.
Unregistered Sale vs Attachment Priority OF Rights IN Land Disputes 2
When an unregistered deed of sale is valid between parties, laches can bar heirs from recovering property after decades of inaction.