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 124 of 74 articles for actual possession

When Can a Writ of Possession Be Challenged? Property Rights Explained

A recent Supreme Court ruling clarifies when buyers of condominium units or parking slots can challenge a writ of possession issued after foreclosure.

Native Title vs. Statutory Rights: Land Ownership in Baguio City After the IPRA Exemption Ruling

The Supreme Court clarifies that Baguio City is exempt from the IPRA, except for native title claims based on time immemorial possession.

Forcible Entry and Prior Physical Possession: Protecting Occupants Against Owners

Explore the Supreme Court's ruling in Magsi v. Heirs of Lopez, Jr. on forcible entry, prior physical possession, and ejectment law in the Philippines.

Forcible Entry: Prior Physical Possession Prevails Over Delayed Evidence

Supreme Court clarifies that in forcible entry cases, prior physical possession is key, and evidence first presented on appeal cannot be considered.

When Foreclosure Threatens Your Home: Buyer Protection Under PD 957 Explained

Learn how the Supreme Court protects condominium and subdivision buyers from summary eviction through writs of possession after foreclosure.

Understanding Lawyer Misconduct and Ethical Duties in Property Transactions

A Supreme Court ruling on a clerk of court's misconduct highlights the ethical boundaries court personnel must observe in property disputes.

Torrens Title vs. Possession: When a Registered Owner Prevails in Land Disputes

The Supreme Court clarifies when a Torrens title prevails over possession claims in accion publiciana cases, reaffirming the indefeasibility of registered land titles.

Unregistered Sale vs Registered Levy: Who Wins Under Philippine Property Law

A buyer who fails to register a sale may still defeat a later levy on execution if ownership had already passed, explains a 2018 Supreme Court ruling.

Prior Sale Beats Inheritance: Supreme Court on Land Ownership Disputes

When a valid sale predates an inheritance claim, the buyer owns the land. The Supreme Court explains why Article 1544 on double sales does not apply.

Real Property Tax: Who Pays When Ownership and Possession Differ

Philippine Supreme Court clarifies real property tax liability when the registered owner is not in possession, citing Herarc Realty v. Provincial Treasurer of Batangas.

Unlawful Detainer vs Accion Publiciana: When Ejectment Cases Fail

Understand when an ejectment case fails and why accion publiciana is the proper remedy for recovering possession of property.

Forged Signatures and Imprescriptibility in Co-Ownership Property Disputes

Forged deed transfers property by fraud; co-owner in possession can file imprescriptible quieting of title action.

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.

Upholding Real Estate Sales: The Limits of Unilateral Contract Rescission

A Supreme Court ruling clarifies that a seller cannot unilaterally rescind a real estate sale without a court decree or contractual stipulation.

Equitable Title Prevails: Understanding Ownership Through Deeds of Sale and Possession

Explore how the Supreme Court ruled that equitable title, not just a deed, determines ownership in quieting of title cases.

Land Conveyance and Public Land Act Alienation Restrictions: A Guide to Reconveyance

Learn how the Public Land Act's five-year ban on selling free patent land affects property sales and reconveyance actions in the Philippines.

Voiding Land Sales Under Free Patent: The Five-Year Restriction on Alienation

When can a sale of free patent land be void? The Supreme Court explains the five-year ban and its consequences.

Unjust Enrichment in Lease Agreements When a Burnt Building Doesnt Excuse Rent

Philippine Supreme Court ruling on lessee liability for rent after a building on leased land burns down, explained in plain language.

Buyers Right Prevails Enforcing Title Delivery IN Subdivision Sales

Supreme Court rules subdivision buyers who fully paid can compel title delivery despite later transfers to third parties.

Standing to Sue, Heirs' Rights, and Property Disputes in the Philippines

Philippine Supreme Court ruling on land registration, heirs' rights, and the standing of the Republic to oppose property claims.

Title Registration as Proof of Prior Possession in Forcible Entry Cases

The Supreme Court clarifies when a Torrens title can prove prior physical possession in forcible entry cases, protecting landowners from intruders.

Default Judgments and Due Process: Proving Ownership Claims in Philippine Courts

Philippine Supreme Court clarifies that default judgments still require proof of claims, and bare allegations cannot establish ownership of property.

Writ of Possession and Third-Party Rights in Extrajudicial Foreclosure Sales

When can a writ of possession be issued despite a third party's possession of foreclosed property? The Supreme Court clarifies the rule.

Torrens Title Indefeasibility and the Burden of Proof in Land Registration Applications

The Supreme Court clarifies that tax declarations alone cannot prove possession since 1945, a key requirement for judicial land registration under P.D. 1529.