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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Foreclosure Validity: Proper Notice and Publication in Extrajudicial Sales
Philippine Supreme Court clarifies posting and publication requirements for valid extrajudicial foreclosure sales under Act No. 3135.
Protecting Land Titles: Good Faith Purchasers and Forgery in Property Sales
A Supreme Court ruling explains why a forged deed must be proven, not presumed, and how a registered owner's acts can protect an innocent buyer's title.
Express Trusts Upholding Beneficiaries Rights Despite Fictitious Sales
Philippine Supreme Court ruling on express trusts, beneficiaries' rights, and fictitious sales of property.
Loss of Trust and Confidence: When Temporary Assignment Does Not Justify Dismissal
Acting as a route salesman for three days did not make a driver-helper a trust-and-confidence employee, so dismissal was too harsh.
Upholding Public Trust: A Sheriff’s Liability for Unauthorized Foreclosure Sales
A sheriff who conducted foreclosure sales outside court authority was suspended for six months for breaching public trust in the judiciary.
PEZA VAT Refund: Zero-Rated Export Sales and Input Tax Credit Rights
Explaining CIR v. Cebu Toyo Corporation on PEZA enterprises' VAT refund rights for zero-rated export sales and unutilized input taxes.
Equitable Mortgage vs Pacto de Retro Sale: Property Rights in the Philippines
Philippine Supreme Court explains the difference between equitable mortgage and pacto de retro sale, and why mortgagees cannot simply consolidate ownership.
Mortgage in Good Faith: How Registered Mortgages Protect Lenders Despite Title Defects
Philippine Supreme Court ruling on how registered mortgages protect lenders in good faith, even when prior unregistered sales exist.
Upholding Due Process in Execution Sales: Ensuring Fair Notice and Proportionality
Philippine Supreme Court clarifies sheriffs must follow Rule 141 procedures for execution expenses, ensuring due process and fair notice in levying properties.
Registered Mortgage Prevails Over Unregistered Sale Protecting Good Faith Purchasers
Contract Validity: Illness and Consent in Property Sales Under Philippine Law
Supreme Court ruling on when illness affects consent in property sales, and the burden of proving lack of capacity to contract.
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.
Double Sale in the Philippines: Who Has the Better Right to the Property?
Philippine law on double sales explained: when a property is sold twice, good faith, registration, and possession decide who owns it.
Double Sales and Good Faith: Protecting Prior Rights in Property Disputes
When two sales of the same land occur, who wins? The Supreme Court clarifies the rules on double sales and good faith.
Writ of Possession Is Ministerial Duty Despite Pending Mortgage Disputes
Philippine Supreme Court ruling on why courts must issue writs of possession in foreclosure sales even when the mortgage validity is being challenged.
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.
Real Property Sale Obligations: Who Pays Registration and Capital Gains Tax
Philippine Supreme Court ruling on vendor obligations for registration expenses, eviction of occupants, and capital gains tax in property sales.
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.
Perfected Sales vs. Recovery of Property: Understanding Real Actions in Philippine Law
When is a suit for specific performance actually a real action for recovery of property? The Supreme Court clarifies in Jimenez v. Jordana.
When Real Estate Disputes Belong in Regular Courts, Not HLURB
The Supreme Court clarifies when a lot sale dispute falls under regular court jurisdiction rather than HLURB's exclusive authority.
Upholding Compromise Agreements, HLURB Jurisdiction, and Contractual Obligations in Property Sales
A Supreme Court ruling clarifies when the HLURB has jurisdiction over property disputes and affirms that compromise agreements bind parties unless vitiated or void.
Perfecting Contracts: Consent and the Statute of Frauds in Share Sales
A Supreme Court ruling explains when letters become a binding share sale contract and what the Statute of Frauds requires.