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 103 articles for personal property

Unraveling Estafa: The Supreme Court's Stance on Misappropriation and Probable Cause

A look at Burgundy Realty v. Reyes, where the Supreme Court clarified the elements of estafa and the low bar for probable cause in preliminary investigations.

Levy on Mortgaged Property in the Philippines: Sheriff's Duties Explained

Philippine Supreme Court clarifies that sheriffs may levy mortgaged properties to satisfy judgments, as debtors retain beneficial ownership until foreclosure.

Circumstantial Evidence and Robbery With Homicide: Lessons from People v. Uy

The Supreme Court explains when circumstantial evidence suffices to convict for robbery with homicide, and why unexplained flight and possession of stolen goods matter.

Protecting Marital Assets When Corporate Debt Cannot Seize Family Property

Supreme Court ruling on when corporate debts cannot reach family property, and the proper remedy for third-party claims in labor execution.

Robbery With Rape Conviction: Victim Testimony Prevails Over Alibi Defense

Supreme Court affirms robbery with rape conviction, holding that a victim's positive identification prevails over an accused's weak alibi defense.

Upholding Judicial Authority: Dismissal for Sheriff's Misconduct and Disobedience

A sheriff who levied on property not owned by the judgment debtor and defied court orders was dismissed from service for grave misconduct and insubordination.

When a Dishonored Check Cannot Be Theft: The Impossible Crime Doctrine in the Philippines

Can a worthless check be the object of theft? The Supreme Court explains the impossible crime doctrine and why intent alone is not enough.

Broken Chains: Safeguarding Drug Evidence Integrity in Philippine Law

The Supreme Court affirms a drug conviction but orders return of items seized beyond the search warrant, underscoring strict limits on police discretion.

Confession as Evidence Overcoming Hearsay in Robbery With Homicide and Carnapping Convictions

Philippine Supreme Court ruling on when an accused's confession to a witness is admissible evidence, not hearsay, in robbery with homicide and carnapping cases.

Distinguishing Homicide From Robbery With Homicide Intent IS KEY

The Supreme Court clarifies when a killing is mere homicide, not robbery with homicide, and explains the intent requirement.

Theft Beyond Tangibles: When Telecom Services Became Personal Property

The Supreme Court ruled that telephone services and business can be the object of theft under the Revised Penal Code.

Proving Ownership in Replevin: The Supreme Court's Ruling in Golden Delta v. Pre-Stress

The Supreme Court clarifies when appellate factual findings may be overturned and how to prove ownership in replevin cases.

The Perils of Alibi: Positive Identification Overrides Defense in Robbery and Rape Case

In People v. Gayeta, the Supreme Court affirmed that positive identification by credible witnesses prevails over an alibi defense in robbery and rape convictions.

Intent to Gain in Robbery: When Helping a Neighbor Is Not a Crime

The Supreme Court acquitted a man of robbery for helping a neighbor move property, ruling that intent to gain must be proven beyond reasonable doubt.

Venue Rules in Personal Actions: Why the Principal Plaintiff's Residence Matters

Supreme Court clarifies venue rules for personal actions, emphasizing the principal plaintiff's residence determines proper venue, not nominal co-plaintiffs.

Theft vs. Estafa: When Misusing Entrusted Funds Becomes Theft in the Philippines

Philippine Supreme Court clarifies when misappropriating funds received for a specific purpose constitutes theft rather than estafa.

Lease or Disguised Sale: Recto Law Protects Lessees in Equipment Financing Agreements

When is a lease really a sale? The Supreme Court explains how the Recto Law shields lessees in disguised financing deals.

Theft Is Consummated Upon Taking: Debunking the Myth of Frustrated Theft

The Supreme Court clarifies that theft is consummated the moment the offender takes property with intent to gain, even if later apprehended.

Unprobated Wills and Ejectment: Why Probate Is Required Before Claiming Property Rights in the Philippines

An unprobated will has no legal effect in Philippine courts. Learn why probate is mandatory before asserting inheritance rights in property disputes.

Intent to Kill vs Intent to Rob: Distinguishing Murder From Robbery With Homicide in Philippine Law

Philippine Supreme Court clarifies when a killing is murder, not robbery with homicide, based on the accused's intent.

Real Property Tax Sales: Ensuring Proper Notice to Delinquent Owners

The Supreme Court clarifies the notice requirements for tax delinquency sales under P.D. 464, emphasizing strict compliance with statutory notice rules.

VAT on Sale of Assets: When Is It "In the Course of Trade or Business"?

Philippine Supreme Court clarifies when a sale of company assets is subject to VAT, requiring that the sale occur in the course of trade or business.

Documentary Stamp Tax on Pawnshop Pledges: A Clear Guide

The Supreme Court confirms pawnshop pledges are subject to documentary stamp tax under the National Internal Revenue Code. Learn the rules.

Real Property Tax Exemption for Telecoms: Understanding Franchise Rights in the Philippines

Learn how the Supreme Court ruled on Bayantel's real property tax exemption under its legislative franchise, and what this means for telecom companies.