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 121144 of 148 articles for collateral

Reversion of Land When Imperfect Titles Threaten Public Domain

Supreme Court explains when the government can seek reversion of land registered under imperfect titles, and the limits of that remedy.

Buyer Beware: Understanding Delivery Delays and Liabilities in Philippine Sales Contracts

Learn how Philippine courts treat conditional sales, court approval requirements, and seller liability when property sales face delays.

Navigating Inheritance for Distant Relatives in the Philippines: Understanding the Rule of Proximity

Learn how Philippine intestate succession works for distant relatives, including the rule of proximity and who inherits when no immediate family exists.

Prescription Periods in Graft Cases: The Discovery Rule for Ill-Gotten Wealth

Philippine Supreme Court clarifies when the prescription period for graft cases begins—from discovery, not commission, of the offense.

Decoding Marginal Deposits: How Contract Clarity Prevents Banking Disputes in the Philippines

Learn from Security Bank v. Transworld how ambiguous trust receipt terms on marginal deposits led to a decade-long dispute.

Understanding Treachery in Murder Cases: Insights from People v. Barro Jr.

Learn how Philippine courts define treachery in murder cases and why alibi fails against positive identification, based on a Supreme Court ruling.

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.

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.

When a Civil Case Does Not Stop a Criminal Estafa Charge: Trust Receipts Explained

A civil suit to nullify trust receipts does not automatically suspend criminal estafa proceedings. The Supreme Court explains when a prejudicial question exists.

Prescription and Quashal in Anti-Graft Cases: Domingo v. Sandiganbayan

The Supreme Court clarifies prescription periods, motion to quash standards, and speedy trial rights in Anti-Graft cases under RA 3019.

Rape Allegation vs Proof: Why Qualifying Circumstances Must Be Alleged and Proven

A rape conviction reduced from death to reclusion perpetua because the prosecution failed to allege and prove the victim's minority and the offender's status as stepfather.

Privity of Contract in the Philippines: Why Third Parties Are Not Bound by Your Agreement

Learn how privity of contract protects banks and third parties from obligations they never agreed to, explained through the Villalon case.

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.

Nationwide Reach of Replevin Writs: Jurisdiction and Enforcement in Philippine Courts

Philippine courts can enforce replevin writs nationwide. Learn how jurisdiction is determined and what it means for creditors and debtors.

Pillbox Possession in the Philippines: Understanding Illegal Explosives and the Law

The Supreme Court explains what makes a — a homemade explosive device. The case is a practical guide for understanding how courts evaluate explosive devices, the importance of chain of custody in crim

Partition Without Prior Estate Settlement: Heirs' Rights Under Philippine Law

Philippine Supreme Court ruling on heirs' right to demand partition of inherited co-owned property without prior estate settlement proceedings.

Limits of Contempt Power: When Can You Actually Be Held in Contempt of Court in the Philippines

Philippine Supreme Court explains the limits of contempt power—when a court order binds you and when it does not.

Surety vs. Guaranty in Philippine Law: Key Differences and Liability

Learn the difference between surety and guaranty under Philippine law, and why contract wording—not titles—determines your liability.

Minor Inconsistencies and Witness Credibility in Philippine Rape Cases

How Philippine courts treat minor inconsistencies in rape victim testimony, and why small discrepancies can strengthen rather than destroy credibility.

Rape Conviction Affirmed: Why Minor Inconsistencies in a Child Victim's Testimony Do Not Destroy Credibility

The Supreme Court affirms a triple rape conviction, explaining why minor inconsistencies in a young victim's testimony do not undermine credibility.

When Can the LRA Refuse to Issue a Decree of Registration? Mandamus Limits Explained

The Supreme Court explains when the Land Registration Authority may validly refuse to issue a decree of registration and why mandamus cannot compel it.

Redemption Rights Under the Public Land Act: A Guide for Heirs and Mortgagors

Learn how the two-year redemption and five-year repurchase periods work for foreclosed Public Land Act properties, and what heirs should know.

Right of Repurchase in Philippine Real Estate: Pacto de Retro Rules Explained

Learn the rules on pacto de retro sales and the right of repurchase in Philippine real estate, including annotation duties and judicial requirements.

Extrajudicial Settlements and the Protection of Minor Heirs' Rights in the Philippines

Learn how Philippine courts protect minor heirs in extrajudicial settlements, and why a minor's share cannot be lost through prescription or laches.