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 10331056 of 1,380 articles for property

Road Repair Responsibility When Negligence Leads to Liability

When road diggings lack warning devices, local governments may be liable for damages. The Supreme Court clarifies the rules on negligence, moral damages, and gross negligence.

Authority Matters: Why Verbal Assurances From Bank Clerks Can't Seal Property Deals in the Philippines

Philippine Supreme Court ruling on why verbal assurances from bank clerks cannot validate property transactions, and the importance of proper authority.

Reconstitution of Lost Title: Supreme Court Clarifies Rules on Proof and Sources

A look at the Supreme Court's ruling on judicial reconstitution of lost titles, clarifying the hierarchy of evidence under RA 26.

When Counsel's Negligence Binds the Client: Due Diligence in Appeals

The Supreme Court clarifies when a lawyer's failure to act diligently on an appeal binds the client, and what counts as notice of a decision.

Assessed Value vs Market Value: Key to Court Jurisdiction in Property Disputes

Philippine courts decide jurisdiction over property cases by assessed value, not market value. Learn the rule from Hilario v. Salvador.

Emancipation Patent Cancellation: Land Cultivation and Tenant Rights Under Agrarian Reform

Supreme Court ruling on when an emancipation patent can be cancelled for violating agrarian reform rules on personal cultivation and tenancy.

Water Rights vs Interference: When Courts Decide Water District Disputes

Supreme Court clarifies when regular courts, not the water council, have jurisdiction over water district disputes involving interference with vested rights.

When Lawyers Cross the Line: Conflicting Interests and Client Confidentiality in Philippine Legal Ethics

The Supreme Court's ruling in Pormento vs. Pontevedra clarifies when a lawyer's representation of new clients against former clients constitutes prohibited conflicting interests.

Extraterritorial Service of Summons: Due Process for Non-Resident Defendants

Philippine courts must strictly comply with rules on extraterritorial service of summons before declaring non-resident defendants in default.

Suspension for Unauthorized Absences: Accountability in the Judiciary

Supreme Court suspends employee for six months and one day for unauthorized absences, underscoring strict accountability standards in the judiciary.

When a Recommender Is Not Liable: Civil Liability After an Acquittal in Estafa

Explaining when a person who recommends an investment can be held civilly liable after an acquittal in an estafa case.

Unlawful Detainer: A Tenant's Admissions and the Inevitable Ejectment

In Mendoza v. Court of Appeals, the Supreme Court ruled that a tenant's own admissions in pleadings can seal an ejectment case.

Hotel Waivers for Lost Guest Items Are Void: The McLoughlin Rule

Philippine law voids hotel waivers for lost guest belongings. Learn the McLoughlin case and what hotels must do.

When Can You Appeal a Denied Motion to Quash? The Basa Case Explained

Learn from Basa v. People when a denied motion to quash is appealable, and why interlocutory orders cannot be appealed prematurely.

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.

Lawyers Must Uphold Diligence and Fidelity in Legal Representation

A lawyer who fails to file an appellate brief faces suspension. The Supreme Court affirms that neglect of a client's case violates the Code of Professional Responsibility.

Competitive Bidding and the Right to Top in Philippine Privatization: The J.G. Summit Case

The Supreme Court clarifies when a "right to top" in government privatization bidding is valid, and when losing bidders may be estopped from challenging the award.

Upholding Ethical Conduct: An Attorney's Duty to Fulfill Financial Obligations and Maintain Honesty

A lawyer who acquires client property entrusted to him commits gross misconduct warranting disbarment under the Code of Professional Responsibility.

Preliminary Injunctions Preserve Status Quo, Not Final Judgments — Key Rules

Philippine Supreme Court explains why preliminary injunction orders are interlocutory, unappealable, and need not state full facts and law.

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.

When Sheriffs Overstep: The Duty to Execute Judgments Strictly As Written

A sheriff's dismissal for dishonesty underscores the rule that execution must follow the judgment exactly—no more, no less.

Implied Admission: The Decisive Impact of Uncontested Requests in Philippine Courts

How a sheriff's failure to file a comment led to a finding of dishonesty and dismissal from service.

Perfecting Appeals: The Crucial Difference Between Single and Multiple Judgments in Philippine Law

Learn when a record on appeal is required in Philippine civil procedure, and why missing this step can cost you your appeal.

Reconstituting Lost Land Titles: Supreme Court Clarifies Standards for Judicial Reconstitution

Supreme Court clarifies the rules and evidence needed to reconstitute a lost or destroyed land title under Republic Act No. 26.