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 97120 of 165 articles for possession

Mission Orders and Memorandum Receipts: When They Don't Replace a Firearms License

The Supreme Court clarifies that mission orders and memorandum receipts cannot substitute for a valid firearms license, even for confidential agents.

Theft vs. Estafa: When Misusing Entrusted Funds Becomes Theft in the Philippines

Philippine Supreme Court clarifies when misappropriating funds received for a specific purpose constitutes theft rather than estafa.

Search Warrants for LPG Cylinder Misuse: Probable Cause Standards Under R.A. 623

Supreme Court ruling clarifies probable cause for search warrants involving unauthorized LPG cylinder use under R.A. 623, as amended.

Waiver of Contractual Conditions in the Philippines: Lessons from Gonzales v. Lim

Learn when a party waives a contractual condition under Philippine law, based on the Supreme Court's ruling in Gonzales v. Lim.

Future Inheritance Contracts Are Void: Arrogante v. Deliarte Explained

Philippine Supreme Court ruling on void contracts over future inheritance, and the exceptions that can save family property arrangements.

Ejectment Case Jurisdiction in the Philippines: MTC vs RTC After Bejar v. Caluag

Filing an ejectment case in the wrong court risks dismissal. Learn how Bejar v. Caluag clarifies MTC vs RTC jurisdiction.

Nemo Dat Quod Non Habet: Why Title Verification Matters in Philippine Property Deals

Philippine law bars transferring property you don't own. Learn the nemo dat rule from Hermosilla v. Remoquillo and how to protect your purchase.

Unprobated Wills and Ejectment: Why Probate Is Required Before Claiming Property Rights in the Philippines

An unprobated will has no legal effect in Philippine courts. Learn why probate is mandatory before asserting inheritance rights in property disputes.

Boundary Disputes in the Philippines: When Creeks Change Course, Ownership Stays Put

Philippine courts uphold original property boundaries even when creeks are diverted. Learn how Pang-oden v. Leonen protects land titles.

Proving Land Ownership in the Philippines: The June 12, 1945 Rule in Land Registration

Philippine land registration requires proof of possession since June 12, 1945. Learn the rules and the key case of Republic v. Carrasco.

Good Faith Builder Rights Under Article 448: Key Lessons from a Philippine Supreme Court Case

Understand the rights of a builder in good faith under Philippine law, including the landowner's options under Article 448 of the Civil Code.

Proving Land Ownership in the Philippines: Tax Declarations and Cadastral Surveys in Quieting Title Cases

Learn how tax declarations, cadastral surveys, and possession determine ownership in Philippine land disputes, based on a Supreme Court ruling.

Boundary-Hulog Agreements and Employer-Employee Relations: What Drivers Should Know

A boundary-hulog agreement does not automatically erase the employer-employee relationship. Control over the driver remains the key test.

Demolition of Illegal Structures: When a Court Order Is Required in the Philippines

Philippine law generally requires a special court order before a city may demolish existing structures, even those built without permits. Learn the rules.

Tax Declaration vs. Deed of Sale: Proving Land Ownership in the Philippines

A tax declaration annotation is not proof of land ownership. Learn what documents legally establish title under Philippine law.

Demurrage in Philippine Shipping: Consignee Duties and Avoiding Penalties

Philippine law holds consignees liable for demurrage when cargo is not claimed promptly. Learn the rules and practical steps to avoid penalties.

Forcible Entry in the Philippines: Why Prior Physical Possession Evidence Wins Cases

Learn how Philippine courts decide forcible entry cases, why prior physical possession evidence matters, and key lessons from Buduhan v. Pakurao.

Can One Co-Owner File an Ejectment Case in the Philippines? Yes, Under Article 487

A single co-owner can file an ejectment suit without the others. The Supreme Court explains how Article 487 of the Civil Code works.

Forcible Entry in the Philippines: Why Prior Possession Wins Cases

Learn how prior physical possession, not ownership, decides forcible entry cases in the Philippines, guided by Dumo v. Espinas.

When Can a Co-Owner File an Ejectment Suit in the Philippines? The Adlawan Rule

Philippine law lets a co-owner file ejectment, but only for the benefit of all co-owners—not for sole personal gain. Here's what Adlawan v. Adlawan teaches.

Third-Party Rights in Philippine Contracts: When Can You Enforce an Agreement You Didn’t Sign?

Philippine law generally limits contract enforcement to parties, their assigns, and heirs. Learn the exception under stipulation pour autrui.

Presidential Proclamations and Land Ownership: Military Reservations in the Philippines

Can a presidential proclamation override private land claims? The Supreme Court clarifies how military reservations affect ownership rights.

Sublease Rent Claims: Why Lessors Must Sue the Lessee First

Philippine Supreme Court ruling clarifies that lessors cannot directly sue sublessees for unpaid rent without first obtaining judgment against the lessee.

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.