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 4972 of 79 articles for natural resources

Peace vs. the Constitution: Delineating Executive Power in Ancestral Domain Agreements

The Supreme Court ruled the MOA-AD unconstitutional, limiting the executive's power to bind the state in peace agreements.

Private Land Rights Prevail Over Free Patent Applications Understanding Land Ownership Disputes

Learn how the Supreme Court ruled that private land cannot be subjected to free patent applications, settling a decades-long ownership dispute.

When Courts Won't Second-Guess the Ombudsman's Dismissal of Graft Complaints

The Supreme Court affirms the Ombudsman's wide discretion in dismissing graft complaints, limiting judicial review to grave abuse of discretion.

Easement Reduction on Urban Land: Balancing Public Land Rules and Development

When a free-patent lot becomes urban private land, the river easement may shrink from 40 meters to 3 meters.

Proving Land Ownership in the Philippines: The June 12, 1945 Rule in Land Registration

Philippine land registration requires proof of possession since June 12, 1945. Learn the rules and the key case of Republic v. Carrasco.

Timber License vs Contract: DENR Authority Over Forest Resources

Supreme Court ruling on whether a timber license agreement and presidential warranty create vested rights against DENR's regulatory authority over forest resources.

Upholding Land Titles When Government Reversion Claims Fail

When can the government cancel a free patent and revert land to the public domain? The Supreme Court explains the limits of reversion actions.

Boundary Disputes: Proving Land Ownership in Philippine Courts

A Supreme Court ruling clarifies how courts resolve boundary disputes, emphasizing the importance of approved survey plans and proper identification of property.

Demolition of Illegal Structures: When a Court Order Is Required in the Philippines

Philippine law generally requires a special court order before a city may demolish existing structures, even those built without permits. Learn the rules.

Private Land vs Public Grant: Understanding Property Rights and Free Patents in the Philippines

When a court decree vests private ownership, the land leaves the public domain and cannot be subjected to a free patent. This case explains why.

Mining Rights vs Property Rights: Balancing Public Benefit and Just Compensation

Philippine Supreme Court ruling on the Mining Act of 1995, explaining when entry into private lands becomes compensable taking.

Torrens Title Indefeasibility: Why Land Registration Must Be Timely and Accurate in the Philippines

Philippine Supreme Court explains why a Torrens title cannot be collaterally attacked and why land registration must be timely and accurate.

Presidential Proclamations and Land Ownership: Military Reservations in the Philippines

Can a presidential proclamation override private land claims? The Supreme Court clarifies how military reservations affect ownership rights.

Establishing Ownership: The Decisive Role of Documentary Evidence Over Testimonial Claims in Property Disputes

Philippine Supreme Court ruling on why documentary evidence outweighs testimonial claims in land registration cases.

Prompt Disposition Mandate: Disciplining Judges for Case Delays

The Supreme Court disciplines a judge for undue delay in deciding an ejectment case, underscoring the mandatory nature of the 30-day period under the Revised Rules on Summary Procedure.

State Control vs Foreign Assistance: The Scope of Mining Agreements Under the Constitution

The Supreme Court clarifies that foreign-assisted mining agreements under Article XII must preserve state control, not bar foreign participation.

Mining Rights vs National Patrimony: The La Bugal Case on Foreign Control of Philippine Resources

Explaining the Supreme Court's La Bugal ruling on the Philippine Mining Act and foreign ownership limits over the country's mineral resources.

Forum Shopping and Mining Rights: Lessons from the Lepanto-WMC Dispute

The Supreme Court clarifies when overlapping claims before courts and administrative agencies constitute forum shopping in mining disputes.

The Binding Force of a Signed Affidavit of Full Payment and the Absence of Fraud in Subcontracting Agreements

Philippine Supreme Court ruling on the binding effect of a signed affidavit of full payment and the absence of fraud in subcontracting agreements.

Negligence in Public Office: Defining the Scope of Duty and Responsibility

The Supreme Court clarifies that administrative liability for negligence requires proof that the duty neglected was actually assigned to the public officer.

Regalian Doctrine vs Indigenous Rights: The IPRA Landmark Case

The Supreme Court's 7-7 split in Cruz v. DENR left the IPRA intact, shaping how ancestral domains and the Regalian doctrine interact today.

Lumber Transport in the Philippines: Private Land, Permits, and the Revised Forestry Code

A look at when transporting lumber from private land still requires DENR documents, and how courts compute penalties under the Forestry Code.

Fishpond Ownership in the Philippines: When BFAR Jurisdiction Overrides Court Decisions

Philippine courts cannot declare private ownership over public land designated for fishponds—only BFAR holds that authority. Learn the rules.

Navigating Mining Tax Refunds in the Philippines: Understanding R.A. 1435 and Its Limits

Philex Mining v. CIR clarifies that the 25% mining tax refund under R.A. 1435 is based on old rates, not actual taxes paid.