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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Perfected Sale vs Mortgage: When a Seller's Breach Doesn't Void a Sale
Philippine Supreme Court ruling on when a seller's breach doesn't void a perfected sale, distinguishing sale from mortgage.
When a Deed of Absolute Sale Governs: Ejectment, Ownership, and the Kasunduan
The Supreme Court clarifies how courts resolve ejectment cases when a seller claims the deed of sale was incomplete, and what the Kasunduan means.
Rescission Rights: When a Buyer's Failure to Pay Lets the Seller Cancel
A Supreme Court ruling explains when a seller may rescind a contract to sell, how installment payments are applied, and why a memorandum is not required for due process.
Privity of Contract in Sales: When a Buyer Is Not Liable to the Seller
Supreme Court explains privity of contract in sales—when a buyer who paid a middleman is not liable to the original seller.
When "As Is, Where Is" Does Not Shield a Seller: The NDC v. Madrigal Wan Hai Ruling
The Supreme Court clarifies that "as is, where is" sales only cover physical condition, not hidden legal liabilities like tax liens.
Breach of Trust and Estafa: Accountability in Jewelry Sales Agreements
When a jewelry seller fails to remit proceeds or return unsold items, criminal liability for estafa may arise despite payment agreements.
When a Buyer’s Conditional Offer to Pay Becomes a Breach: Lessons from Velarde v. Raymundo
A buyer who offers to pay only if new conditions are met may be in breach, entitling the seller to rescind the sale.
Disputes in Real Estate: Clarifying Intent in Land Sale Agreements
When buyers and sellers disagree on what land was sold, Philippine courts look to the parties' true intent, not just the written deed.
Specific Performance and the Obligation to Transfer Clear Title: Palon v. Brillante
In Palon v. Brillante, the Supreme Court held that a seller who receives full payment must not only deliver the land but also cause the issuance of the buyer's separate title.
Buyer Beware: Understanding Delivery Delays and Liabilities in Philippine Sales Contracts
Learn how Philippine courts treat conditional sales, court approval requirements, and seller liability when property sales face delays.
Breach of Express Warranty: Seller Liable for Unpaid Taxes Despite Transfer of Ownership
Philippine Supreme Court ruling: a vehicle seller's assurance that taxes were paid is an express warranty; breach makes seller liable for unpaid duties.
Condition Precedent in Philippine Contracts: Ensuring Clear Title Before Purchase
Philippine Supreme Court ruling on when a buyer's obligation to purchase depends on the seller's prior compliance with a condition precedent.
Understanding Contracts of Sale vs Contracts to Sell in Philippine Property Law
Learn the key differences between contracts of sale and contracts to sell under Philippine law, and why the distinction matters for property buyers and sellers.
Automatic Contract Rescission in Philippine Real Estate: Buyer and Seller Rights
Understand when automatic rescission clauses in Philippine real estate contracts apply, and the rights of buyers and sellers under the Maceda Law.
Earnest Money Matters Understanding Refundability in Philippine Real Estate Deals
When can a seller keep earnest money in a failed property deal? The Supreme Court explains the rules on refunds under Philippine law.
Successor Beware: Why Due Diligence Is Key to Avoiding Prior Judgments in Philippine Property Law
A buyer of Philippine property can be bound by a court judgment against its seller, even if not named in the suit. Learn the due diligence lesson from Eternal Gardens v. Court of Appeals.
Buyer’s Right to Specific Performance When a Seller Backs Out of a Contract to Sell
Philippine Supreme Court ruling clarifies that sellers cannot unilaterally rescind a Contract to Sell, and buyers may sue for specific performance.
Perfecting CAR Sales Contracts IN THE Philippines Understanding Buyer Rights AND Seller Obligations
Learn when a car sale contract is perfected in the Philippines, buyer rights, and seller obligations from the Xentrex Automotive case.
Buyer Beware Inheriting Obligations IN Philippine Property Foreclosures
Philippine Supreme Court ruling on property foreclosures: buyers may inherit seller's obligations to installment buyers, even without written contracts.
Absolute vs Conditional Sale Understanding Philippine Real Estate Contracts
Learn the key differences between absolute and conditional sales in Philippine real estate, and what the Supreme Court says about buyer and seller rights.
Automatic Contract Rescission: What Buyers and Sellers Should Know in the Philippines
Philippine Supreme Court explains automatic rescission in contracts to sell, buyer rights, and the dangers of laches in real estate deals.
Void Sales and Repurchase Agreements: Property Rights in the Philippines
When a seller has no title, the sale is void—and so is any right to repurchase. Learn the rules from a Supreme Court case.
Conditions vs. Warranties in Philippine Sales Contracts: The Power Commercial Case
Learn how Philippine law distinguishes contract conditions from warranties, and when a seller's failure to deliver possession justifies rescission.
Earnest Money and Conditional Obligations: Navigating Real Estate Sales in the Philippines
A Supreme Court ruling on earnest money, conditional obligations, and what happens when a seller fails to deliver in Philippine real estate sales.