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 10571080 of 1,380 articles for property

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.

LGU Right to Immediate Possession in Expropriation: City of Iloilo v. Legaspi

When can an LGU take immediate possession of private property in expropriation? The Supreme Court explains the 15% deposit rule.

Overlapping Land Titles: Registration Date and Reconstitution Validity in Philippine Property Law

Philippine Supreme Court clarifies how courts resolve conflicting land titles, weighing registration dates, reconstitution validity, and evidence of ownership.

Moral Turpitude and Lawyer Disbarment: Issuing a Bouncing Check

A lawyer's conviction for issuing a bouncing check under BP 22 involves moral turpitude and warrants disbarment, the Supreme Court ruled.

Public Land Cannot Be Burdened: Property Rights and Public Use in the Philippines

Philippine Supreme Court ruling on public dominion property, right of way easements, and possession claims over government land.

Clerks of Court as Notaries: Limits on Ex Officio Notarial Powers

Clerks of court are ex officio notaries, but their notarial powers extend only to official duties—not private documents.

Option to Purchase vs Contract to Sell: Understanding Property Rights and Obligations

The Supreme Court clarifies the distinction between an option to purchase and a contract to sell, and the consequences of failing to comply with their terms.

When Payment Defaults Threaten Property Rights: Understanding Rescission in Real Estate Sales

A buyer's failure to pay the full purchase price can lead to contract rescission, even after years of partial payments. Learn the rules.

Forum Shopping and Appeal Jurisdiction: Traverse Development Corp. v. DBP

When a dismissal order raises only legal questions, appeal lies with the Supreme Court, not the Court of Appeals.

Upholding Attorney Accountability: Neglect of Client Affairs Leads to Suspension

A lawyer's failure to diligently pursue a client's case warrants suspension from practice, as shown in this Philippine disciplinary case.

Piercing the Corporate Veil When Tax Avoidance Becomes Evasion

The Supreme Court explains when tax planning crosses the line into tax evasion, and when a stockholder's estate can be held liable for corporate tax deficiencies.

Sheriffs Overreach Defining THE Limits OF Property Levy IN Philippine LAW

When can a sheriff's levy on execution be considered excessive? The Supreme Court clarifies the limits of property levy in Philippine law.

Liability for Unfounded Accusations: Upholding Personal Dignity in Theft Investigations

When a theft suspect is publicly accused without proof, Philippine law on human relations may award moral damages.

Judge's Erroneous Release of Supersedeas Bond and Rental Deposits in Ejectment Case

A judge who allowed a defendant to withdraw the supersedeas bond and rental deposits pending appeal in an ejectment case was held liable for gross ignorance of the law.

Procedural Deadlines Matter: Why Second Extension Motions Can Sink Your Appeal

Philippine Supreme Court ruling on why a second motion for extension to file an appeal can be fatal, and what litigants must know about Rule 42 deadlines.

Power Lines and Property Rights: Determining Just Compensation for Easements

When power lines cross private land, is the owner owed an easement fee or full property value? The Supreme Court clarifies.

Estafa vs. Breach of Contract: When a Failed Deal Is Not a Crime

Philippine Supreme Court ruling clarifies when failure to deliver goods after advance payment is civil breach, not criminal estafa.

Establishing Land Ownership The Critical Role of Property Identification in Acquisitive Prescription

Philippine Supreme Court ruling on why identifying the exact property is essential before claiming ownership through acquisitive prescription.

Res Judicata and Forum Shopping in Partition Cases: When a Separate Nullity Suit Is Barred

A Supreme Court ruling explains why a separate action to nullify a deed of sale is barred by forum shopping when the same issue can be resolved in a pending partition case.

Taxing Charity: Real Property Tax Exemptions for Non-Profit Hospitals in the Philippines

The Supreme Court clarifies when non-profit hospitals qualify for real property tax exemptions under the Constitution and Local Government Code.

Breach of Contract and Preliminary Attachment: D.M. Wenceslao v. Readycon

Supreme Court clarifies when a wrongful attachment claim succeeds and when a contract balance becomes due, in a construction supply dispute.

Estafa Conviction Upheld for Deceit in Mobilization Fund Scheme

Supreme Court affirms estafa conviction for contractor who misrepresented ability to mobilize equipment and misappropriated P600,000 mobilization fund.

Negligence and Security Protocol: Defining Duty in Judicial Premises

Supreme Court ruling on security guard negligence in judicial premises, explaining duty standards, simple neglect, and penalties under civil service rules.

Loan Agreements: The Bank's Obligation to Release Funds and Consequences of Non-Compliance

When can a bank withhold loan proceeds? Philippine National Bank v. RBL Enterprises clarifies the rules on loan release, conditions precedent, and damages.