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 133 articles for property law

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.

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.

Certificate of Registration vs. Prior Title Claims: The Amante v. Serwelas Ruling on Vehicle Ownership

The Supreme Court in Amante v. Serwelas affirmed that a certificate of registration creates a strong presumption of ownership in property disputes.

Attorney’s Lien in the Philippines: Can It Attach to Real Property?

Philippine law limits attorney’s liens to judgments and client documents—not land. Learn the rules from a Supreme Court ruling.

Forcible Entry in the Philippines: Proving Prior Possession and Unlawful Deprivation

Understand the requirements for forcible entry cases in the Philippines, including prior possession and unlawful deprivation, based on the Ong v. Parel ruling.

Fair Rental Value in Unlawful Detainer: Key Lessons from Catungal v. Hao

How Philippine courts determine fair rental value when a lease expires, based on the Supreme Court's ruling in Catungal v. Hao.

Accretion vs. Avulsion: How River Course Changes Affect Land Ownership in the Philippines

Learn how Philippine law treats land gained or lost through river shifts—accretion, avulsion, and erosion explained with the Bagaipo case.

Third-Party Claims in Philippine Execution Sales: Protecting Your Property

Learn how spouses and third parties can protect their property from wrongful execution sales in the Philippines, based on the Supreme Court's ruling in Naguit v. Court of Appeals.

Reversion Rights After Expropriation: What MCIAA v. Chiongbian Means for Landowners

When government expropriation is unconditional, former owners generally cannot reclaim land even if the public purpose ends. Learn the rules.

Laches and Forgery in Philippine Property Law: The Isabela Colleges Case

Philippine property law: can laches defeat a forgery claim? The Supreme Court's ruling in Isabela Colleges v. Heirs of Rivera explains why delay can be deadly.

Demolition Requires Special Court Order: Morta v. Sañez and Due Process

A writ of execution does not authorize demolition. A special court order after notice and hearing is required under Rule 39, Section 10(d).

Partition Inter Vivos and Torrens Title Protection: Lessons from Zaragoza v. Morgan

Philippine law allows property owners to partition estates during their lifetime, but only if legitimes are respected and titles are challenged directly.

Lis Pendens Cancellation in the Philippines: What Property Owners Should Know

Learn when a Notice of Lis Pendens can be cancelled in the Philippines, the grounds under PD 1529, and key lessons from Yared v. Ilarde.

Immediate Execution of RTC Ejectment Judgments: What the Supreme Court Has Held

When the RTC affirms an ejectment ruling, the order to vacate is immediately enforceable—even if the losing party appeals. Here's why.

Laches vs. Torrens Title: Why Delay Can Cost You Your Land in the Philippines

A Torrens title is strong but not absolute—unreasonable delay in asserting ownership can lead to losing the property to laches.

Can Foreigners Own Land in the Philippines? Donation vs. Inheritance Rules

Philippine law bars foreigners from owning land except by inheritance. Learn why a quitclaim deed to an American son failed as a donation.

Simulated Sales in Philippine Property Law: Intent, Foreign Ownership, and the Blanco v. Quasha Precedent

Learn how Philippine courts determine simulated sales, why intent matters, and the key lessons from Blanco v. Quasha on property transactions.

Homestead Redemption After Foreclosure: The 5-Year Right Under the Public Land Act

Homesteaders have a five-year right to repurchase foreclosed land under the Public Land Act, even after a bank consolidates title.

Equitable Mortgage vs. Pacto de Retro Sale: When a "Sale" Is Really a Loan

Philippine courts look beyond contract labels. Learn how Articles 1602 and 1603 protect borrowers from disguised loans and unfair foreclosure.

Fishpond Ownership in the Philippines: When BFAR Jurisdiction Overrides Court Decisions

Philippine courts cannot declare private ownership over public land designated for fishponds—only BFAR holds that authority. Learn the rules.

Expropriation in the Philippines: Provisional Deposit and Writ of Possession Explained

Understand how the 1997 Rules on expropriation allow the government to take property upon depositing assessed value, and what this means for owners.