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 512 articles for estate

Forged Signatures and Bank Liability: Upholding Due Diligence in Loan Transactions

When a bank honors a forged check, it bears the loss. The Supreme Court explains why in PNB v. Giron-Roque.

Encroachment and Good Faith: Land Dispute Remedies Under Article 448

A Supreme Court ruling on encroachment clarifies when a landowner may recover possession and how Article 448 protects builders in good faith.

Eminent Domain and Private Property: Clarifying Expropriation Powers in the Philippines

The Supreme Court clarifies when state-owned land is private property subject to expropriation, and the limits of delegated eminent domain.

Writ of Possession After Foreclosure: Third-Party Claims in Philippine Mortgage Sales

Philippine Supreme Court ruling on writ of possession in mortgage foreclosures, explaining when third-party adverse claims can block eviction.

Environmental Advocacy and the Attorney's Duty When Fisherfolk Voices Clash in the West Philippine Sea

How lawyers can ethically navigate environmental advocacy when fisherfolk voices clash in the West Philippine Sea.

Oral Agreements vs Written Contracts: When Verbal Lease Changes Hold Up in Court

Philippine Supreme Court clarifies when verbal agreements can modify written lease contracts, and when they cannot, in Modomo v. Layug.

Foreign Nationals and Land Ownership: Constitutional Limits on Succession Rights

Philippine Supreme Court clarifies that foreign nationals cannot own land or transmit rights through succession, affecting heirs' claims.

Disbarment for Misleading the Court: Candor as a Lawyer's Highest Duty

The Supreme Court disbarred a lawyer for misleading the court and breaching candor, reaffirming that honesty is the foundation of legal practice.

SALN Violations and Government Ethics: Dishonesty vs Simple Negligence

The Supreme Court clarifies when SALN omissions amount to dishonesty or mere simple negligence in San Diego v. Fact-Finding Investigation Committee.

Death of Accused Pending Appeal Extinguishes Criminal Liability in Rape Cases

Supreme Court explains how an accused's death before final conviction extinguishes criminal and civil liability ex delicto, citing Article 89 of the Revised Penal Code.

Upholding Notarial Duty Consequences FOR Incomplete AND Improperly Executed Documents

A notary public who notarized deeds with missing signatures and absent parties faces suspension and commission revocation, as ruled by the Supreme Court.

Compromise Agreements Ensuring Mutuality AND Enforceability IN Debt Settlements

Philippine Supreme Court approves compromise agreement in debt settlement, highlighting mutual concessions and clear terms for enforceability.

Mortgage Foreclosure and Third-Party Property: UCPB's Duty to Protect Borrower Interests

When a bank forecloses property mortgaged by a third party without the owner's consent, the Supreme Court protects the true owner's rights.

Valid Dation in Payment: When a Debtor's Creditor Still Has Authority to Settle

Supreme Court explains when a dation in payment is valid even if the creditor assigned its receivables to another party.

Alias Writ of Possession: The Limits of Trial Court Authority in Appeal Dismissals

A Supreme Court ruling clarifies when a trial court may dismiss an appeal, and why orders of execution are not appealable.

Prior Sale Beats Inheritance: Supreme Court on Land Ownership Disputes

When a valid sale predates an inheritance claim, the buyer owns the land. The Supreme Court explains why Article 1544 on double sales does not apply.

Authority to File Suit: When a Missing SPA Defeats Court Jurisdiction

A complaint filed by an attorney-in-fact without a Special Power of Authority is invalid, depriving the court of jurisdiction over the case.

Foreign Currency Deposits and Joint Accounts: Consent Requirements in Estate Proceedings

Philippine Supreme Court rules on consent requirements for withdrawing from joint foreign currency deposit accounts during estate settlement.

Real Property Tax: Who Pays When Ownership and Possession Differ

Philippine Supreme Court clarifies real property tax liability when the registered owner is not in possession, citing Herarc Realty v. Provincial Treasurer of Batangas.

Oral Sales Agreements Transfer Property and the Limits of Rescission

When does an oral deal to sell land transfer ownership? The Supreme Court clarifies the line between a sale and a contract to sell, and when rescission is allowed.

Overlapping Land Titles: Prior Certificate Prevails in Philippine Law

When two land titles cover the same property, the earlier certificate generally prevails. Learn the rule and its limits.

Piercing the Corporate Veil: Individual Liability for Corporate Fraud

When can directors be personally liable for corporate fraud? The Supreme Court clarifies the rules on piercing the corporate veil.

Taming Unconscionable Interest: Reassessing Loan Obligations and Attorney's Fees in Philippine Law

The Supreme Court clarifies how courts temper unconscionable loan interest rates and when attorney's fees may be awarded in foreclosure cases.

Extraordinary Diligence: Carrier Liability for Misdelivered Goods

When a courier delivers to the wrong person, the shipment is legally "lost." The Supreme Court explains carrier liability and the limits of air waybill exemptions.