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 16811704 of 1,720 articles for property

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.

Negligence Trumps Fortuitous Events: Service Shops Must Insure Customer Vehicles

Philippine Supreme Court ruling on when a service shop's failure to insure customer property makes it liable for loss by fire, even if the fire is a fortuitous event.

Government Immunity vs Corporate Liability: When Can Government Assets Be Garnished

The Supreme Court clarifies when government agencies can be sued and when their funds are protected from garnishment in this labor law case.

Illegal Recruitment and Estafa in the Philippines: Key Lessons from a Supreme Court Case

Learn how Philippine courts handle illegal recruitment and estafa, and what job seekers must know to avoid scams.

Copyright Infringement: Protecting IP Rights and the Prospectivity of New Rules

Explaining the Supreme Court's ruling on search warrants in copyright cases and why new judicial doctrines apply prospectively.

Chattel Mortgage Coverage of Future Loans: The Acme Shoe Ruling

Philippine Supreme Court explains when a chattel mortgage can cover future loans and why full payment extinguishes the security.

Chattel Mortgage and Future Debts: What Philippine Law Allows

Can a chattel mortgage secure debts incurred after its execution? The Supreme Court explains the limits under the Chattel Mortgage Law.

Anti-Fencing Law in the Philippines: Possession and Legal Presumptions

The Anti-Fencing Law criminalizes dealing in stolen goods. Mere possession creates a presumption of fencing. Learn how to protect yourself.

Understanding the Limits of General Powers of Attorney in Real Estate Sales

Learn how Philippine courts treat general powers of attorney in real estate transactions and why specificity matters.

Sheriffs’ Duty to Promptly Execute Writs and Consequences of Delay

Philippine Supreme Court holds deputy sheriff liable for delay in executing writs and filing returns, imposing two-month suspension.

Buyer Beware Protecting Yourself From Land Title Fraud IN THE Philippines

Learn how Philippine courts view taxpayer suits and land transactions, and what this means for protecting property rights.

Fencing in the Philippines: Knowledge and Presumptions Under the Anti-Fencing Law

Explaining the elements of fencing under P.D. 1612, the presumption of knowledge from possession, and how receipts can rebut it.