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 165 articles for possession

Judicial Accountability in Unlawful Detainer Cases: The Montemayor Ruling

A Supreme Court ruling on a judge's delay in an ejectment case underscores the strict timelines and impartiality required of Philippine courts.

Venue in Philippine Breach of Contract Cases: The DAPCO v. Dole Lesson

Learn how Philippine courts determine venue in lease disputes, and why filing in the wrong place can get your case dismissed.

Forgery Claims and Document Production: The Right to Examine Evidence in Court

When can a court deny a motion to examine documents for forgery? The Supreme Court clarifies the limits of judicial discretion.

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.

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.

Registered Vehicle Owner’s Liability for Accidents: Aguilar v. Commercial Savings Bank

Philippine law holds the registered vehicle owner primarily liable for accidents, even if another person was driving. Learn the rule and its practical impact.

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.

Revoking a Donation for Ingratitude in the Philippines: The Noceda Case

Philippine law allows donors to revoke gifts when donees show ingratitude, such as usurping the donor's property. Learn the rules and limits.

Airport Security Checks and Your Rights: The Johnson Case Explained

Understand your rights during airport security frisks in the Philippines, based on the Supreme Court's ruling in People v. Johnson.

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.

Reviving Expired Judgments in the Philippines: The Terry Case and Contempt Limits

Learn when Philippine judgments expire, how to revive them, and why contempt cannot enforce stale court orders under the Terry ruling.

Prescription for Falsification of Public Documents: When the Clock Starts

Learn when the prescription period begins for falsification of public documents under Philippine law, based on the Supreme Court ruling in Recebido v. People.

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.

Subleasing Without Landlord Consent: Ejectment Risks in Philippine Unlawful Detainer Cases

Sublessees without landlord consent face eviction when the main lease ends. Learn the rules from Jimenez v. Patricia, Inc.

Amended Complaints and Court Jurisdiction: The Que v. Court of Appeals Rule

Amending a complaint to add parties or claims does not automatically strip a Philippine court of jurisdiction if the original cause of action remains intact.

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.

Mechanic’s Lien in the Philippines: What Auto Repair Shops Must Know

Understand the mechanic's lien under Philippine law, its legal basis, and how the Supreme Court protects repair shops' right to payment.

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.

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.

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.