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.
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Adverse Claims on Registered Land: When They Can and Cannot Be Annotated
The Supreme Court clarifies when an adverse claim on registered land is valid, and when it must be cancelled under Philippine property law.
Contract to Sell vs Contract of Sale: Adverse Claims on Philippine Property Titles
Learn how the Supreme Court distinguishes contract to sell from contract of sale, and when adverse claims on land titles are valid under PD 1529.
Tolerance vs Title: Resolving Possession Disputes in Unlawful Detainer Cases
When does tolerated possession become unlawful detainer? The Supreme Court clarifies that a notice of adverse claim does not defeat a prior possessor's right to eject occupants.
Writ of Possession: Ministerial Duty vs Third-Party Adverse Claims in Foreclosure Sales
The Supreme Court clarifies when a writ of possession is ministerial and when third-party adverse claims can stop it.
Writ of Possession After Foreclosure: Third-Party Claims in Philippine Mortgage Sales
Philippine Supreme Court ruling on writ of possession in mortgage foreclosures, explaining when third-party adverse claims can block eviction.
Possession Disputes When Foreclosure Sales Meet Adverse Claims
When can a third-party possessor block a writ of possession after foreclosure? The Supreme Court clarifies the rules in Hernandez v. Ocampo.
Conditional Sales vs. Adverse Claims: Protecting Property Interests in the Philippines
Learn how the Supreme Court in Logarta v. Mangahis distinguishes conditional sales from adverse claims, and the proper registration rules under PD 1529.
Voluntary vs. Involuntary Dealings: How to Register Property Agreements in the Philippines
Learn the difference between voluntary and involuntary dealings under Philippine property law, and why registering a conditional sale as an adverse claim can be a costly mistake.
Priority of Registered Adverse Claims Over Subsequent Mortgages: Protecting Land Rights in the Philippines
Learn how a registered adverse claim protects land rights against subsequent mortgages, and why prior registration prevails under Philippine property law.
Perfecting Appeals Strict Compliance With Rules OF Court IS Mandatory
Learn how the Supreme Court ruled on writs of possession, third-party adverse claims, and strict procedural compliance in extrajudicial foreclosures.
Protecting Possessory Rights When A Writ Of Possession Cannot Override Third Party Claims
When a third party actually possesses foreclosed property under an adverse claim, a writ of possession is not ministerial. Learn the rule.
Forfeiture of Downpayment: When a Buyer's Stop Payment Is Justified
Supreme Court ruling on when sellers cannot forfeit a buyer's downpayment due to adverse claims on property title.
Buyers Can Suspend Payments When Title Is Clouded: Daleon v. Tan
When a property's title is clouded by an adverse claim, buyers may stop paying installments without risking forfeiture of their downpayment.
Adverse Claims and Execution Liens: Priority Rules in Philippine Property Law
When an adverse claim is annotated on a title before a levy on execution, the earlier claim prevails. This case explains the priority rule.
Torrens System Prevails: Registered Land Protected Against Adverse Claims
When registered land is sold to innocent buyers, claims of long possession cannot defeat the Torrens title, the Supreme Court rules.
Writ of Possession Limits: When Third-Party Adverse Claims Block Foreclosure Ejectment
A bank cannot use an ex parte writ of possession to eject third parties claiming adverse ownership of foreclosed property; due process requires a full hearing.
Possession vs Ownership: Writ of Possession and Third-Party Claims in Philippine Foreclosures
A writ of possession is ministerial only against the mortgagor. Third parties with adverse claims must be heard first.
Adverse Claims and Good Faith: Protecting Prior Rights in Property Sales
When an adverse claim annotated on a title protects a prior buyer against a later attaching creditor, and why good faith matters.
Adverse Claims vs. Levy on Execution: Protecting Property Rights in the Philippines
Learn when an adverse claim can defeat a levy on execution in Philippine property law, based on a 2006 Supreme Court ruling.
Quieting Title Actions Imprescriptible When Plaintiff in Possession — Ragasa v. Roa
Supreme Court ruling: an action to quiet title is imprescriptible if the plaintiff remains in possession, even if an adverse claim exists.
Adverse Claims and Lease Agreements: Priority Rights in Property Disputes
How an adverse claim annotated on a title affects later lease agreements, explained through a Philippine Supreme Court ruling.
The Perils of Selling Land You Don't Own: Resolving Property Disputes in the Philippines
Philippine Supreme Court ruling on adverse claims, constructive notice, and what happens when someone sells or leases property they no longer own.
Adverse Claims: Why the 30-Day Period Does Not Automatically Cancel the Annotation
The Supreme Court clarifies that an adverse claim does not automatically lapse after 30 days; cancellation still requires a court petition.
Adverse Claims and Good Faith: Protecting Mortgage Interests in Property Transfers
Philippine Supreme Court ruling on how adverse claims and buyer good faith affect mortgage rights in property transfers.