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Showing 193–216 of 360 articles for “estate”

Estate Claims and Procedural Rules: Balancing Legal Technicalities With Justice

Heirs of a registered landowner can recover property despite delay; prescription and laches do not bar Torrens title claims.

Dragnet Clauses in Mortgages: When Future Debts Are Secured Beyond the Initial Loan

Philippine Supreme Court explains how dragnet clauses in real estate mortgages cover future debts, and what borrowers must pay to redeem foreclosed property.

Writ of Possession Protecting Heirs' Rights in Undivided Estates

Learn how the Supreme Court protects compulsory heirs when a foreclosed property is subject to a writ of possession in an undivided estate.

Inheritance Disputes: Redemption, Co-Ownership, and Prescription in Family Estates

When one heir redeems family property, does she own it? The Supreme Court clarifies co-ownership, prescription, and reimbursement rules.

Jurisdiction and Arbitration in Real Estate Contract Disputes: Frabelle Fishing Case

When do courts, not HLURB, hear real estate contract disputes? The Frabelle Fishing case explains jurisdiction and arbitration rules.

Contractual Obligations Upholding Interest Payments IN Real Estate Agreements

Financial Crisis as Fortuitous Event: Real Estate Contract Obligations in the Philippines

Philippine Supreme Court ruling on whether the 1997 Asian financial crisis excuses a developer's failure to deliver condominium units.

Unauthorized Real Estate Mortgage: Strict Interpretation of Special Power of Attorney

When a special power of attorney fails to identify the exact property, a mortgage over it is unenforceable. The Supreme Court explains why banks must verify authority.

Price Certainty in Real Estate Sales: When a "Yes" Is Not Enough

Philippine Supreme Court clarifies that a contract of sale requires a definite price; vague terms and unresolved payment details prevent perfection.

Upholding Contractual Obligations: The Validity of a Special Power of Attorney in Property Transfers

A Supreme Court ruling clarifies jurisdiction in property disputes, the statute of frauds, and rights of first refusal in Philippine real estate law.

Contract to Sell vs Contract of Sale: Key Differences and Buyer Protections in Philippine Real Estate

Philippine Supreme Court clarifies the distinction between a contract to sell and a contract of sale, and what it means for buyers and sellers.

Divorce and Remarriage in the Philippines: Validity and Legal Capacity Explained

A Philippine Supreme Court ruling explains when a Filipino divorced by a foreign spouse may remarry, and how courts determine legal capacity and estate venue.

Estate Settlement Venue and Remarriage After Foreign Divorce: Key Philippine Rules

Philippine Supreme Court clarifies estate settlement venue means actual residence, and a Filipino divorced by a foreign spouse may remarry.

Venue Is Key: Why Your Libel Case Might Be Dismissed Before It Even Starts in the Philippines

Learn how Philippine courts determine venue in estate cases, and why filing in the wrong place can get your case dismissed early.

Annulment of Judgment for Lack of Due Process: A Philippine Legal Guide

Learn when Philippine courts may annul a final judgment for lack of due process, using the Supreme Court's ruling in Intestate Estate of Nimfa Sian v. PNB.

Protecting Your Property Investments Understanding Grace Periods AND Cancellation IN Philippine Real Estate Co

Learn how Philippine law protects real estate buyers on installment, including grace periods, cancellation rules, and cash surrender value rights under RA 6552.

Forcible Entry Claims in Philippine Real Estate: Why Prior Physical Possession Matters

Philippine Supreme Court clarifies forcible entry rules: prior physical possession, not paper rights, determines who can sue for ejectment.

Protecting Your Property Investments: Understanding Buyer in Good Faith in Philippine Real Estate Law

Learn how Philippine courts treat "buyer in good faith" and banks' duty of diligence in real estate transactions, based on a Supreme Court ruling.

Perfected Contract of Sale: The Necessity of Unequivocal Agreement on Price and Terms in Real Estate Transacti

Learn how Philippine courts treat contracts of sale, emphasizing the need for clear agreement on price and terms to avoid disputes.

Reimbursement Rights for Conjugal Improvements: Who Pays After the Property Is Sold

A widow sought reimbursement for conjugal improvements from the buyers of her late husband's property. The Supreme Court explains why the claim must be directed against the estate, not the purchasers.

Holographic Wills and Disinheritance: Reconciling Intent With Legal Formalities in Estate Succession

When is a disinheritance document a valid holographic will? The Supreme Court clarifies probate rules, preterition, and testamentary intent.

Breaking Down Land Ownership Disputes When Hearsay Clouds Real Estate Claims

A Supreme Court ruling explains why hearsay evidence fails in property disputes, and how Torrens titles protect registered owners.

Estate Settlement When Probate Courts Cant Decide Ownership Disputes

Learn how Philippine courts handle land registration disputes, including the need for original tracing cloth plans and clear evidence of ownership.

Attorney's Fees in Estate Proceedings: Mandamus Not a Remedy When Fees Are Redetermined

When a probate court redetermines attorney's fees, a prior writ of execution is superseded, and mandamus cannot compel its enforcement.