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 14651488 of 1,600 articles for property

Tortious Interference in the Philippines: Upholding Contractual Rights in Business Disputes

Philippine Supreme Court clarifies tortious interference with contract elements, malice requirement, and attorney's fees in business lease disputes.

Court Personnel Extortion: When Demanding Money for Court Records Is Gross Misconduct

A Supreme Court ruling on a court interpreter who extorted money from a litigant shows how the judiciary polices its own and what conduct merits dismissal.

Condition Precedent in Philippine Contracts: Ensuring Clear Title Before Purchase

Philippine Supreme Court ruling on when a buyer's obligation to purchase depends on the seller's prior compliance with a condition precedent.

Strict Deadlines in Ejectment Cases: Why Missing the Answer Deadline Can Cost You Your Property in the Philipp

Learn how missing answer deadlines in ejectment cases can cost you your property, and understand the due process protections that may still apply.

Philippine Land Registration: Why Imperfect Titles Need Perfect Proof

A Supreme Court ruling on land registration shows why tax declarations and possession alone cannot confirm imperfect titles over public land.

Customs Forfeiture in the Philippines: Illegal Removal of Goods and the Buyer Beware Rule

When goods are illegally removed from customs custody, forfeiture can reach any buyer, even one claiming good faith. Learn the rules.

Paraphernal vs Conjugal Property: How Cadastral Court Findings Settle Ownership

A final cadastral court finding that a wife inherited land overcomes the presumption of conjugal property, the Supreme Court rules.

Partnership Dissolution and Receivership: Protecting Assets in Business Disputes Under Philippine Law

Philippine Supreme Court explains when receivership is proper after partnership dissolution, and why due process requires hearing all affected parties.

Torrens Title vs. Fraud: Protecting Land Ownership in the Philippines

Learn how the Torrens system protects land ownership in the Philippines and why proving fraud requires clear and convincing evidence, based on a landmark Supreme Court case.

Fencing in the Philippines: Why Proof Beyond Reasonable Doubt Matters – Tan v. People Case Analysis

Fencing charges require proof beyond reasonable doubt of every element, including knowledge the goods were stolen. Tan v. People shows why.

Implied Trusts and Foreign Ownership: The Yap Heirs Case

The Supreme Court clarifies when implied trusts over Philippine land fail, and why constitutional restrictions on foreign ownership bar recovery.

Decoding Holographic Wills in the Philippines: Witness Requirements and Probate Challenges

Understand the mandatory three-witness rule for contested holographic wills in the Philippines and what Codoy v. Calugay means for probate.

Mortgage Law in the Philippines: Why You Can’t Mortgage Property You Don’t Own

Philippine mortgage law requires absolute ownership. Learn why mortgaging property you don't fully own is void, based on Lagrosa v. Court of Appeals.

Due Process and the Right to Present Evidence in Philippine Criminal Cases

When may a trial court validly treat a counsel's absence as a waiver of the accused's right to present evidence? The Supreme Court explains.

Retroactive Application of Penal Laws Protecting Accused Rights in the Philippines

Explaining how the 1987 Constitution's abolition of the death penalty retroactively benefits accused persons whose crimes were committed before its ratification.

Residency Requirement for Philippine Candidates: The Domino Doctrine on Domicile

Philippine election law equates residency with domicile. The Domino case shows why voter registration and genuine intent matter for candidates.

Unmasking Express Trusts in Philippine Property Law: Co-Ownership vs True Ownership

When a deed of sale is actually an express trust, the titled "owner" holds only as trustee. This case explains the difference.

When Can an Appellate Court Remand an Ejectment Case? Key Rules

Explains when RTCs may remand ejectment appeals for further evidence, and when remand is improper under Section 21(d).

Time Is of the Essence: Prescription and Laches in Philippine Land Title Disputes

Philippine Supreme Court ruling on how prescription and laches bar reconveyance claims over fraudulently titled land after decades of inaction.

Ejectment Suits Staying Execution Pending Appeal in the Philippines

Learn how Philippine courts handle stays of execution in ejectment cases pending appeal, including the rules on posting supersedeas bonds and the limits of appellate relief.

Legal Redemption Rights in the Philippines: Why Raising Issues Early in Court Matters

Philippine Supreme Court ruling on co-owner legal redemption rights and the procedural rule against raising new issues on appeal.

Time Is of the Essence: Prescription and Laches in Philippine Land Title Disputes

Learn how prescription and laches can bar reconveyance claims in Philippine land disputes, based on Vera Cruz v. Dumat-ol.

Mortgage Foreclosure After Death of a Debtor: Creditor Options in the Philippines

When a mortgagor dies, creditors have three legal options. Learn how extrajudicial foreclosure works under Philippine law.

Valid Search Warrants in the Philippines: Probable Cause and Specificity

Philippine law requires probable cause and particular description for valid search warrants. Kho v. Makalintal clarifies how specific these must be.