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 165 articles for possession

Overlapping Land Titles in the Philippines: Priority of Registration and Legal Remedies

When two titles cover the same land, the earlier registered title prevails. Learn the rules and remedies in Philippine property disputes.

Proving Legitimate Filiation: Key to Winning Philippine Inheritance Claims

Learn how the Supreme Court's ruling in Bernardo v. Fernando clarifies what evidence proves legitimate filiation for inheritance claims.

Execution Pending Appeal in Ejectment Cases: Immediate Judgment Enforcement in the Philippines

Learn how execution pending appeal works in Philippine ejectment cases, including the mandatory rule and key Supreme Court rulings.

Extrajudicial Ejectment in Philippine Leases: What the CJH v. Aniceto Ruling Means

The Supreme Court clarifies when extrajudicial ejectment clauses in lease agreements are valid and enforceable in the Philippines.

Writ of Possession in Philippine Foreclosures: Finality and the Lessons from HH & Co. v. Perlas

Learn when a writ of possession becomes final and executory in Philippine foreclosures, and why courts rarely recall it, based on HH & Co. v. Perlas.

Implied Lease Renewals and Right of First Refusal: What Tenants Should Know

Philippine Supreme Court ruling clarifies that implied lease renewals do not revive a tenant's right of first refusal unless expressly agreed.

Prior Physical Possession in Forcible Entry: The Madayag Ruling Explained

The Supreme Court clarifies that prior physical possession in forcible entry cases can be established through juridical acts, not just actual occupation.

Encroachment and Good Faith: Land Dispute Remedies Under Article 448

A Supreme Court ruling on encroachment clarifies when a landowner may recover possession and how Article 448 protects builders in good faith.

Boundary Disputes Cannot Be Settled by Forcible Entry: The Proper Remedy Is Accion Reivindicatoria

Boundary disputes that question ownership cannot be resolved through forcible entry; the Supreme Court requires an accion reivindicatoria instead.

Land Registration: Proving Land Is Alienable and Disposable Under Philippine Law

Learn the strict proof required to register land in the Philippines, including DENR certifications, and why possession alone is not enough.

Unlawful Detainer: Proving Prior Tolerance to Win an Ejectment Case

Learn the four requisites of unlawful detainer and why proving prior tolerance is key to winning an ejectment case in the Philippines.

Torrens Title vs. Possession: When a Registered Owner Prevails in Land Disputes

The Supreme Court clarifies when a Torrens title prevails over possession claims in accion publiciana cases, reaffirming the indefeasibility of registered land titles.

Reasonable Doubt in Qualified Theft: When Missing Proof Means Acquittal

A look at how the Supreme Court acquitted an accounting-in-charge of qualified theft when the prosecution failed to prove taking and intent.

Prior Sale Beats Inheritance: Supreme Court on Land Ownership Disputes

When a valid sale predates an inheritance claim, the buyer owns the land. The Supreme Court explains why Article 1544 on double sales does not apply.

Oral Contracts for Property: Six-Year Prescription Bars Stale Claims for Specific Performance

Oral agreements to transfer property must be enforced within six years. Learn how prescription works and why timely action matters.

Regalian Doctrine and Land Registration: Proving Alienable and Disposable Land

Learn how the Regalian doctrine affects land registration in the Philippines, and why applicants must prove land is alienable and disposable.

Free Patent Land and Road Projects: When the Government Must Pay Just Compensation

The Supreme Court clarifies when the government must pay just compensation for right-of-way easements over free patent lands under the Public Land Act.

Unlawful Detainer vs. Accion Publiciana: Key Distinctions in Philippine Ejectment Cases

Learn the key differences between unlawful detainer and accion publiciana, and why filing the wrong action can get your case dismissed.

Private Roads and Public Use: When a Local Ordinance Cannot Convert Private Property

A local ordinance cannot convert a private road into public property without donation, purchase, or expropriation. The Supreme Court explains.

Proving Filiation After Death: The Strict Rules on Inheritance Claims

Philippine law sets strict evidence rules for proving filiation after a parent's death. Learn what the Supreme Court requires in inheritance disputes.

Spousal Consent in Property Sales: Why a Sale Without Written Consent Is Void

Selling conjugal property without the other spouse's written consent is void under Philippine law. Learn the rules and buyer protections.

Third-Party Claims in Property Execution: PSALM v. Maunlad Homes Explained

Learn how Philippine law protects third-party property owners from wrongful levy during judgment execution, based on PSALM v. Maunlad Homes.

Accretion vs. Reclamation: Philippine Supreme Court Rules on Artificial Land Claims

Philippine Supreme Court clarifies that artificially filled land is not accretion under Article 457, settling ownership disputes over man-made extensions.

Real Actions and Jurisdiction: Why Assessed Value Determines the Correct Philippine Court

In real actions, the property's assessed value determines which court has jurisdiction. Omitting it can doom the case.