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 133 articles for property law

Right to Repurchase Homestead Land: Key Supreme Court Ruling Explained

The Supreme Court reaffirms a homesteader's right to repurchase sold land within five years under Section 119 of the Public Land Act.

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.

Ante-Nuptial Agreements and Property Waivers: The Delgado v. GQ Realty Case

The Supreme Court's ruling in Delgado v. GQ Realty clarifies how ante-nuptial agreements can waive property rights, even for assets registered under a spouse's family corporation.

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.

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.

Road Lots and HLURB Jurisdiction: What Subdivision Owners Must Know

The Supreme Court clarifies HLURB jurisdiction over subdivision road lots, public access rights, and the need to exhaust administrative remedies.

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.

Overlapping Land Titles: Prior Certificate Prevails in Philippine Law

When two land titles cover the same property, the earlier certificate generally prevails. Learn the rule and its limits.

Assurance Fund Claims: When the Prescriptive Period Starts for Defrauded Landowners

The Supreme Court clarifies when the six-year period to claim the Assurance Fund begins for landowners defrauded under the Torrens system.

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.

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.

Expropriation and Capital Gains Tax: Who Pays When Government Takes Property?

Supreme Court rules property owners, not the government, pay capital gains tax in expropriation cases. Learn the tax implications.

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.

Quieting of Title vs. Annulment of Title: Key Supreme Court Ruling on Land Disputes

The Supreme Court clarifies when a quieting of title action is actually an annulment of title, and why the substance of a complaint matters.

Voluntary vs. Involuntary Dealings: How to Register Property Agreements in the Philippines

Learn the difference between voluntary and involuntary dealings under Philippine property law, and why registering a conditional sale as an adverse claim can be a costly mistake.

Reconstitution of Land Titles: Proving Prior Existence Under RA 26

Philippine Supreme Court ruling on reconstitution of lost titles: proof of prior issuance is required under RA 26, not just a decree.

Ejectment Cases: Proving Tolerance and Co-Ownership Rights in Unlawful Detainer

Understand when unlawful detainer fails: proving tolerance, co-ownership rights, and the Quijano v. Amante ruling on possession.

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.

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.

Accretion vs. Dried Riverbeds: Who Owns the Land in the Philippines?

The Supreme Court clarifies that land formed by a dried-up riverbed belongs to the State, not adjacent owners. Learn the rules on accretion and land registration.