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 169192 of 214 articles for ownership

Common Carrier Liability: Negligence and Fortuitous Events in Cargo Loss

When cargo is lost at sea, who pays? Philippine law on common carriers, negligence, and the act of God defense explained.

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.

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.

Leasehold Improvements in the Philippines: Rights of Lessors and Lessees

Learn how Philippine law treats leasehold improvements, when Article 1678 applies, and why contract stipulations usually prevail over default rules.

Accretion vs. Avulsion: How River Course Changes Affect Land Ownership in the Philippines

Learn how Philippine law treats land gained or lost through river shifts—accretion, avulsion, and erosion explained with the Bagaipo case.

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.

Reversion Rights After Expropriation: What MCIAA v. Chiongbian Means for Landowners

When government expropriation is unconditional, former owners generally cannot reclaim land even if the public purpose ends. Learn the rules.

Escheat of Unclaimed Bank Deposits in the Philippines: Procedure and Due Process

Learn how Philippine escheat law works for unclaimed bank deposits, why publication is required, and why certiorari cannot replace a missed appeal.

Vehicle Owner Liability in Reckless Imprudence Cases: The Chavez v. Escañan Ruling

When is a vehicle owner liable in reckless imprudence cases? The Supreme Court clarifies the criminal-civil distinction in Chavez v. Escañan.

Partition Inter Vivos and Torrens Title Protection: Lessons from Zaragoza v. Morgan

Philippine law allows property owners to partition estates during their lifetime, but only if legitimes are respected and titles are challenged directly.

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.

Can Foreigners Own Land in the Philippines? Donation vs. Inheritance Rules

Philippine law bars foreigners from owning land except by inheritance. Learn why a quitclaim deed to an American son failed as a donation.

Simulated Sales in Philippine Property Law: Intent, Foreign Ownership, and the Blanco v. Quasha Precedent

Learn how Philippine courts determine simulated sales, why intent matters, and the key lessons from Blanco v. Quasha on property transactions.

Lis Pendens and Due Diligence: Why Philippine Property Buyers Must Investigate Title Defects

Learn how the lis pendens rule and the Po Lam case show why Philippine property buyers must go beyond a title check to avoid costly legal disputes.

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.

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.

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.

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.

MSF Tire v. CA: When a Company Cannot Claim "Innocent Bystander" Status in Labor Disputes

The Supreme Court clarifies when a company with ties to a business in a labor dispute cannot claim "innocent bystander" status to obtain an injunction against picketing.

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.

When Is a Sheriff Liable for Wrongful Execution? The De Guzman Rule

Philippine law shields sheriffs who execute judgments in good faith and with an indemnity bond. Learn the rules on wrongful execution and third-party claims.

Torrens Title vs. Acquisitive Prescription: Why Registered Land Prevails in the Philippines

A Torrens title defeats claims of ownership by long possession. Learn the Ramos v. Bautista ruling and how to protect registered land.