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 145168 of 512 articles for estate

Unregistered Real Estate Mortgages: Valid Between Parties Despite Formal Defects

Philippine Supreme Court clarifies that defective notarization or registration of a real estate mortgage does not invalidate it between the parties.

Lawyer Suspended for Lending Money to Client: A Lesson in Legal Ethics

The Supreme Court suspended a lawyer for lending money to a client and foreclosing on the mortgage—a clear violation of the Code of Professional Responsibility.

Lawyer Suspended for Lending Money to Client: Breach of Fiduciary Duty

Supreme Court suspends lawyer for three months for lending money to a client, citing Rule 16.04 of the Code of Professional Responsibility.

Possession Is Prima Facie Evidence: Understanding Fencing Under Philippine Law

The Supreme Court explains how mere possession of stolen goods can convict a person of fencing under PD 1612, and clarifies the proper penalty.

When Death Extinguishes Criminal Liability: The Antido Case

Explaining the Supreme Court ruling that an accused's death before final conviction extinguishes criminal and civil liability ex delicto.

Just Compensation Under CARP: Balancing DAR Formulas and Fair Market Value

Supreme Court clarifies when courts may deviate from DAR valuation formulas in agrarian reform just compensation cases.

Proving Filiation After Death: The Strict Rules on Inheritance Claims

Philippine law sets strict evidence rules for proving filiation after a parent's death. Learn what the Supreme Court requires in inheritance disputes.

Mortgage in Good Faith: Protecting Lenders in Philippine Real Estate Transactions

The Supreme Court explains how the mortgagee-in-good-faith doctrine shields lenders who rely on a clean Torrens title, even if fraud taints the chain.

Quieting of Title: Banks Must Verify Ownership Before Accepting Untitled Land as Mortgage

A bank that fails to verify ownership of untitled land before accepting it as mortgage security loses the property. Learn the rules on quieting of title and due diligence.

Venue Stipulations in Contracts: When "Exclusive" Means Exclusive in Philippine Courts

Philippine Supreme Court clarifies when contractual venue stipulations are binding and enforceable, and when courts must dismiss cases filed elsewhere.

Faulty Notarization Foils Contract Cancellation: Buyer Entitled to Refund Under Maceda Law

When a developer's notice of cancellation fails notarial requirements, the contract remains valid and the buyer may claim refunds under the Maceda Law.

Lack of Price Certainty: How Indefinite Terms Can Invalidate a Real Estate Sale

Indefinite terms like an uncertain price can void a real estate sale. Learn the rules from a recent Supreme Court ruling.

Public Use Prevails Over Private Claims in Road Right-of-Way Dispute

Supreme Court rules that road rights-of-way are public dominion property, and private claimants cannot demand just compensation for land never validly acquired.

Upholding Notarial Duties: Consequences for Negligence in Document Notarization

A notary's failure to verify documents and record notarizations leads to commission revocation and disqualification in this Philippine Supreme Court ruling.

Attorney Suspended for Conflicting Representation and Accepting Fees from Opposing Party

A lawyer's one-year suspension for negotiating with the opposing party and accepting professional fees from them, violating client loyalty rules.

Protecting Children: Credibility of Testimony in Lasciviousness Cases

The Supreme Court affirms that a child victim's credible testimony alone can convict in lasciviousness cases, and clarifies penalties under RA 7610.

Prior Physical Possession Decides Forcible Entry Cases, Not Ownership Claims

In forcible entry cases, prior physical possession matters more than ownership. The Supreme Court explains why in Sambalilo v. Llarenas.

Statutory Rape and Acts of Lasciviousness: Protecting Children Under Philippine Law

Explaining statutory rape vs. acts of lasciviousness, and why an accused's death extinguishes criminal liability under Article 89 of the RPC.

Piercing the Corporate Veil: When Can Stockholders Be Held Liable for Corporate Debts

The Supreme Court clarifies that stockholders of a close corporation are not automatically personally liable for corporate debts, explaining the limits of piercing the corporate veil.

Implied Trusts and Co-Ownership: Hidden Property Rights in Family Lending Businesses

When a family lending business buys property under one sibling's name, an implied trust may preserve everyone's share.

Procuring Cause: When Real Estate Brokers Earn Their Commission

Learn when a real estate broker earns a commission under Philippine law, explained through the Supreme Court's ruling in Ticong v. Malim.

When Can an Agent Delegate Authority? The Rule on Substitution Under Philippine Law

Philippine law presumes an agent may appoint a substitute unless prohibited. Learn the rules, limits, and risks from a Supreme Court ruling.

Compulsory vs. Permissive Counterclaims: What Philippine Litigants Must Know

Learn the difference between compulsory and permissive counterclaims in Philippine courts, including docket fees, forum shopping, and the Alba v. Malapajo ruling.

Res Judicata in Estate Proceedings: Teng v. Ting on Re-Litigating Ownership

The Supreme Court in Teng v. Ting bars re-litigating ownership in estate cases once a prior final judgment has settled the issue.