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 7396 of 165 articles for lease

Co-Ownership and Land Sales: When Selling a Definite Portion Is Invalid

A co-owner cannot sell a definite portion of undivided land without all co-owners' consent. Learn the rules from Cabrera v. Ysaac.

Judicial Consignation: Paying a Loan When the Creditor’s Identity Is Unclear

When two entities claim the right to collect a debt, judicial consignation lets the debtor deposit payment in court and be released.

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.

Trust Receipt vs. Loan: When a Security Agreement Becomes a Debt

Philippine Supreme Court ruling clarifies when a trust receipt arrangement is actually a loan, affecting liability and criminal exposure.

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.

Tenant Estoppel and Tacita Reconduccion in Unlawful Detainer: Samelo v. Manotok Services

Philippine Supreme Court ruling on tenant estoppel, implied lease renewal, and interest in unlawful detainer cases.

Shared Negligence: Banks and Depositors Must Bear Losses Equally When Both Are at Fault

When a bank releases check proceeds before clearing and a depositor withdraws them hastily, both may share the loss equally under Philippine law.

Brief Detention Still Counts: Kidnapping and Serious Illegal Detention in the Philippines

Even one hour of illegal restraint can be kidnapping of a minor. Learn the elements and penalties under Article 267.

Partial Redemption in Philippine Foreclosure: Can You Redeem Select Properties?

Philippine law allows partial redemption of foreclosed properties. Learn the rules, limits, and practical implications from a key Supreme Court ruling.

Verification and Certification Against Forum Shopping: Why All Petitioners Must Sign

A single unsigned verification can dismiss a case. Learn the strict rules on certification against forum shopping from Formoso v. PNB.

Continuing Security: How Future Debts Can Affect Real Estate Mortgages in the Philippines

The Supreme Court explains how a real estate mortgage can secure future loans, not just the original debt, through continuing guaranty clauses.

Custodia Legis and Garnishment: The BSP v. Judge Lanzanas Ruling

Funds in custodia legis cannot be garnished without court approval. The Supreme Court's ruling in BSP v. Judge Lanzanas explains why.

Option Contract vs. Right of First Refusal: Key Differences Under Philippine Law

Learn the difference between an option contract and a right of first refusal in Philippine real estate, based on the Supreme Court's ruling in Tuazon v. Del Rosario-Suarez.

Conditional Settlement Agreements: Are They Binding in Philippine Labor Disputes?

The Supreme Court ruled on whether a "conditional" settlement of a labor judgment award is valid and binding, and its effect on pending appeals.

GSIS Pension Rights: Recovering Retirement Benefits After a Wrongful Denial

Learn how the Supreme Court protects government retirees' pension rights, even when GSIS initially approved benefits under the wrong law.

Grave Coercion in Property Takeovers: The Navarra Ruling Explained

The Supreme Court ruled that forceful property repossession, even with a debt claim, constitutes grave coercion under Philippine law.

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.

Habeas Corpus and Valid Court Judgments: When the Writ Is Denied in the Philippines

Philippine Supreme Court clarifies when habeas corpus petitions are denied despite procedural leniency, emphasizing valid judgments and pending cases.

Emancipation Patents and Land Ownership: Protecting Agrarian Reform Beneficiaries

Learn how emancipation patents vest absolute ownership in farmer-beneficiaries, and why temporary surrender of possession does not mean abandonment.

Horse Racing Regulation: Philracom's Power to Ensure Fair and Safe Races

The Supreme Court upholds Philracom's authority to issue rules and directives for the horse racing industry, including measures to eradicate Equine Infectious Anemia.

Voluntary Surrender of Tenancy Rights: Landicho v. Sia Explained

Learn how the Supreme Court ruled on voluntary surrender of tenancy rights, farm helper claims, and prescription in Landicho v. Sia.

When a Financing Company Is Not a Mortgagee in Good Faith: Lloyd's Enterprises v. Dolleton

A financing firm that failed to inspect a mortgaged property cannot claim good faith. Learn the due diligence rule from this 2008 case.

Restrictive Custody in the PNP: Balancing Discipline and Liberty

The Supreme Court explains when restrictive custody of police officers under investigation is lawful and not a ground for habeas corpus.

Contractual Obligations and Third Party Rights in Property Lease Disputes

Supreme Court ruling on when lease penalties bind only contracting parties, not property owners who are third parties to the contract.