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 16571680 of 1,707 articles for property

Overlapping Land Titles in the Philippines: Resolving Ownership Disputes

Learn how Philippine courts resolve ownership disputes involving overlapping land titles, foreclosure, and tenant rights under agrarian reform laws.

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.

Conditions vs. Warranties in Philippine Sales Contracts: The Power Commercial Case

Learn how Philippine law distinguishes contract conditions from warranties, and when a seller's failure to deliver possession justifies rescission.

Receivership in the Philippines: When Courts Appoint a Receiver Under Rule 59

Learn when Philippine courts may appoint a receiver under Rule 59, based on the Supreme Court's ruling in Commodities Storage & Ice Plant Corp. v. CA.

Solidary Liability Holding Principals Accountable FOR Wage Violations OF Contractors IN THE Philippines

Learn how Philippine labor law holds principals solidarily liable for wage violations of their contractors and the rules on valid dismissal.

Lease Abandonment and Tenant Rights: The Paterno v. Court of Appeals Case

The Supreme Court's ruling in Paterno v. Court of Appeals clarifies when a tenant's departure amounts to lease abandonment and what it means for landlords and occupants.

Void Contracts: When Lack of Consent Invalidates a Sale

A sale by an unauthorized board is void. Learn the consent requirement in Philippine contract law from this Supreme Court ruling.

Leasehold Improvements: Lessee Rights and Obligations Under Philippine Law

Understand lessee rights to improvements under Article 1678 of the Civil Code, and why lessees are not builders in good faith.

Amending Pleadings When CAN YOU Change Your Legal Strategy

Philippine Supreme Court clarifies when courts must consider late answers and jurisdictional challenges in summary procedure cases.

Establishing Legal Marriage and Legitimacy in Inheritance Disputes: Balogbog v. Court of Appeals

How Philippine courts presume marriage and legitimacy in inheritance disputes, and what evidence can prove filiation when records are lost.

When Is a Private Individual Considered a Public Officer? Malversation and Sandiganbayan Jurisdiction

A private individual designated as BIR custodian of distrained property is not a public officer, so the Sandiganbayan lacks jurisdiction over him for malversation.

Ejectment of Possessors by Tolerance: Guardians, Wills, and Unlawful Detainer

Philippine Supreme Court clarifies when a guardian may eject possessors by tolerance, and why an unprobated will does not defeat an unlawful detainer suit.

Laches and Prescription in Land Cases: What the Supreme Court Said in Españo v. Court of Appeals

The Supreme Court explains why laches and prescription are factual defenses that usually require full trial, not summary dismissal.

Accretion vs. Foreshore Land in the Philippines: Who Owns Newly Formed Land?

Philippine law distinguishes accretion from foreshore land. Learn who owns newly formed land along rivers and seas under the Civil Code and the Spanish Law of Waters.

Encroachment Disputes: Rights and Obligations of Landowners and Builders in the Philippines

When a building encroaches on a neighbor's land, what are the parties' rights? The Supreme Court explains good faith, Article 448 options, and remedies.

Independent Counsel Safeguarding Rights In Philippine Custodial Investigations

The Supreme Court acquits two accused whose confessions were taken with the help of an NBI job applicant, not independent counsel.

Extrajudicial Foreclosure Venue: Why Judges Must Follow Act 3135, Not the Rules of Court

A judge's fine for gross ignorance of the law clarifies that extrajudicial foreclosure venue follows Act 3135, not general venue rules.

DARAB Jurisdiction Explained: Filing Agrarian Disputes in the Philippines

Learn where to file agrarian disputes in the Philippines—DARAB vs. PARAD jurisdiction clarified under R.A. 6657 and the DARAB rules.

Quantum Meruit: When a Contractor Can Recover Payment Without a Formal Contract

Philippine Supreme Court explains when contractors can recover payment on a quantum meruit basis even without a written contract.

Exhaustion of Administrative Remedies: When Can You Skip the Line to Court?

Learn when the exhaustion rule applies, its exceptions, and why a replevin suit failed against DENR forfeiture.

Spanish Land Titles in the Philippines: P.D. 892 and Why They No Longer Prove Ownership

Spanish-era land titles lost their force under P.D. 892. Learn the registration deadline, the San Pedro ruling, and what evidence now counts.

Eminent Domain in the Philippines: Just Compensation and Due Process

Learn how Philippine law protects property owners in eminent domain cases, focusing on just compensation and due process requirements.

Partitioning Property Proving Ownership AND Avoiding Legal Pitfalls IN THE Philippines

Learn how Philippine courts handle partition actions, ownership disputes, and prescription from the Catapusan case.

Mortgaging Property With Pending Land Patent Applications: Risks and Requisites

Learn the legal risks of mortgaging property with pending land patent applications and the requisites for valid real estate mortgages in the Philippines.