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 12251248 of 1,487 articles for property

Protecting Trademarks: Infringement and Damages for Similar Designs

Supreme Court clarifies trademark infringement rules, damages, and copyright cancellation for similar arcuate designs on jeans.

Sheriffs Must File Return and Seek Court Guidance When Writs Conflict

Administrative case reminds sheriffs that implementing writs is ministerial; when property is under custodia legis, they must report and await instructions.

Rape vs Theft: Distinguishing Intent in Special Complex Crimes Under Philippine Law

When does robbery with rape apply? The Supreme Court clarifies that intent to take property must precede the rape, not follow it.

Redemption Rights: Upholding Mortgagor's Five-Year Redemption Agreement

Supreme Court affirms five-year redemption period for mortgagor, voiding subsequent sales that cut short the agreed term.

Lessor’s Liability for Defects and Repairs: Key Lessons from De Ysasi v. Arceo

Learn when Philippine lessors are liable for property defects and repairs, and why lessee inspection matters under De Ysasi v. Arceo.

Special Appearance and Summons: When It Does Not Mean Consent to Jurisdiction

Philippine Supreme Court clarifies that special appearances to question summons do not waive jurisdictional objections, and substituted service has strict rules.

Simulated Sales in Philippine Law: Why Fictitious Contracts Are Void

A simulated deed of sale has no legal effect, and the resulting title must be cancelled. The Supreme Court explains why in pari delicto does not apply to fictitious contracts.

Reforming Insurance Policies How Manifest Intent Prevails Over Technical Descriptions In Property Claims

A fire insurance dispute shows how courts prioritize the parties' true intent over technical misdescriptions in policies.

Foreclosure and the Right to Possession: Protecting Bank Assets in Liquidation

A bank in liquidation can still seek a writ of possession over foreclosed property. Learn the rules on jurisdiction, intervention, and redemption.

Premature Execution Judgment Required Before Enforcing Court Orders

Philippine Supreme Court rules that a writ of execution requires a final judgment, voiding premature enforcement in David v. Velasco.

Chattel vs Real Property: How Mortgage Classification Affects Foreclosure Rights

Philippine Supreme Court ruling on when machinery is chattel or real property, and why classification determines what a mortgage covers.

Dying Declarations and Circumstantial Evidence Proving Homicide Beyond Reasonable Doubt

When a dying victim names her assailant, that statement can convict—but only if the prosecution proves every element beyond reasonable doubt.

Rescinding a Land Sale in the Philippines: Why a Letter Is Not Enough

Philippine law requires a judicial or notarial act to rescind a sale of immovable property—even with an automatic rescission clause.

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.

Mortgagee as Indispensable Party in Title Nullification Suits: Key Lessons

A mortgagee must be joined in suits to nullify a Torrens title; otherwise, the resulting judgment is void for lack of jurisdiction.

Indispensable Parties Protecting Mortgagee Rights In Title Nullification Suits

When a title nullification suit omits the mortgagee, the resulting judgment is void. The Supreme Court explains why.

Positive Identification Prevails Over Alibi in Murder Conviction

Philippine Supreme Court affirms murder conviction, ruling that credible eyewitness identification outweighs the inherently weak defense of alibi.

Prescription in Contract Disputes: The 10-Year Rule Under Philippine Law

Learn how the 10-year prescription period for written contracts works in the Philippines, and why delay can bar a valid claim.

Res Judicata and Security of Tenure: When a Land Registration Judgment Cannot Oust a Tenant

A land registration victory does not automatically allow ejectment of an occupant claiming tenant rights. The Supreme Court explains the limits.

Circumstantial Evidence and Robbery With Homicide: Establishing Guilt Beyond Reasonable Doubt

How the Supreme Court upheld a robbery-with-homicide conviction based on circumstantial evidence, flight, and denial in People v. Corre Jr.

Eyewitness Testimony and the Standard of Proof in Robbery with Homicide Cases

How Philippine courts weigh eyewitness identification against denial in robbery with homicide, and what it means for the burden of proof.

Upholding Land Ownership Claims: The Importance of Evidentiary Proof in Reconveyance Disputes

A Supreme Court ruling on reconveyance underscores that ownership claims must be proven by clear evidence, not mere allegations.

Compromise Agreements Enforceability and Third Party Rights in Philippine Law

Philippine Supreme Court ruling on spousal consortium, habeas corpus, and the limits of court-ordered cohabitation under the Family Code.

Sheriff’s Neglect of Duty: When Failure to Implement a Writ Means Dismissal

The Supreme Court held a sheriff liable for grave misconduct and gross dishonesty for failing to implement a writ of preliminary attachment and mishandling funds.