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.
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Contract to Sell: Buyer's Failure to Pay Nullifies Seller's Obligation to Convey Title
Philippine Supreme Court clarifies that in a contract to sell, buyer's failure to pay the full price prevents the seller's obligation to convey title from arising.
In Land Sales, Survey Duty Prevails Over Payment Deadlines
Philippine Supreme Court ruling on when a seller must survey land before demanding payment, and when rescission is improper.
Good Faith in Profit-Sharing Agreements: Lessons from Silverio v. Almeda
When a land sale includes a profit-sharing clause, the seller must act in good faith and disclose all resale details to the buyer.
Estoppel in Land Sales: Upholding Agreements Despite Lack of Written Authority
Philippine Supreme Court rules on estoppel in land sales where an agent lacked written authority, protecting buyers who relied on the seller's silence.
Perfected Contract to Sell vs Cancellation for Default: Lessons from Traders Royal Bank v. Cuison
When is a contract to sell perfected, and when can a seller cancel it for default? The Supreme Court clarifies in Traders Royal Bank v. Cuison.
Sellers Obligation Delivering Titles Despite Encumbrances IN Philippine Property LAW
Philippine Supreme Court ruling on subdivision sellers' duty to deliver clean titles despite encumbrances, and buyer remedies.
Conditional Sale Buyers' Rights and Sellers' Obligations After Partial Payment
Philippine Supreme Court clarifies buyer and seller rights in contracts to sell, including when a buyer can demand a deed of absolute sale.
Breach of Trust Estafa Conviction for Misappropriated Purchase Orders
Supreme Court affirms estafa conviction when a seller used purchase order cards for personal benefit instead of remitting proceeds to the owner.
Breach OF Contract Sellers Delay Entitles Buyer TO Refund
Contract to Sell vs Contract of Sale: Key Differences and Buyer Protections in Philippine Real Estate
Philippine Supreme Court clarifies the distinction between a contract to sell and a contract of sale, and what it means for buyers and sellers.
Lost Deals: Why a Vague "Yes" Isn't Enough to Seal a Property Sale in the Philippines
A buyer's "conforme" to a seller's price without agreeing on payment terms is only a counter-offer. Learn from Villanueva v. PNB.
Rescission Rights in Pacto de Retro Sales: When Can a Seller Reclaim Property
Philippine Supreme Court clarifies when a seller can rescind a pacto de retro sale and reclaim property from a defaulting buyer.
Warranty Against Eviction: Why Buyers Must Implead the Seller in Eviction Suits
Buyers who lose property to third-party claims must implead the seller in the eviction suit to enforce the warranty against eviction under Philippine law.
Conditional Contracts to Sell: When Buyers' Payment Hinges on Sellers' Prior Mortgage Release
Philippine Supreme Court clarifies that in a contract to sell, buyers need not pay until sellers secure mortgage release, and rescission under Article 1191 does not apply.
Breach of Contract Upholding Rescission Rights in Land Sales
When a buyer defaults on a land sale agreement, the seller may validly rescind. The Supreme Court explains the limits of a buyer's right to demand execution of a contract.
Sellers Beware: Ethical Duties When Assigning Property Rights You Don't Fully Own
A lawyer-seller assigned a townhouse he hadn't fully paid for. The Supreme Court suspended him for three years, reminding sellers of their ethical duties.
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.
When a Lawyer Represents Both Sides: Conflict of Interest and Disbarment
A lawyer who represented both buyer and seller in a property deal violated conflict-of-interest rules and was suspended for two years.
When Does the Clock Start? Prescription Periods for Hidden Contract Breaches in the Philippines
Philippine Supreme Court ruling clarifies when the prescriptive period begins for hidden breaches of contract, protecting buyers who rely on seller representations.
The Notary's Oath: Ensuring Document Authenticity and Preventing Legal Falsehoods
Why notarization demands personal appearance: lessons from a lawyer's suspension for notarizing a deed without the seller's presence.
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.
Brokers Commission Rights When Can a Seller Evade Payment After a Sale
Can a seller evade paying a broker's commission after a sale closes? This case explains when fees remain due.
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.
Who Pays Capital Gains Tax and Sale Registration Costs in Philippine Property Deals
Philippine Supreme Court clarifies who bears capital gains tax and registration expenses in property sales, distinguishing obligations of individual and corporate sellers.