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 18 of 8 articles for article 41

Understanding Property Rights: Land Ownership Extent and Ejectment in the Philippines

Learn how Philippine law defines land ownership extent—surface, subsurface, and airspace—and when ejectment cases apply to structures like firewalls.

Well-Founded Belief and Presumptive Death: Diligence Required for Remarriage

The Supreme Court clarifies the strict "well-founded belief" standard under Article 41 of the Family Code for declaring a missing spouse presumptively dead.

Submarine Cables as Taxable Real Property: Supreme Court Clarifies Local Government Authority

The Supreme Court rules submarine cables are taxable real property, affirming local governments' power to impose real property tax on these assets.

Annulment of Judgment vs. Affidavit of Reappearance: Fraudulent Presumptive Death Declarations

When a presumptive death declaration is obtained by fraud, the Supreme Court clarifies why annulment of judgment—not an affidavit of reappearance—is the proper remedy.

Presumptive Death Declarations: Proving Well-Founded Belief and the Right Remedy on Appeal

Learn the rules on judicial declaration of presumptive death under Article 41 of the Family Code, including the required proof and why such rulings are immediately final and executory.

Bigamy in the Philippines: When a Second Marriage Is Void From the Start

Philippine law voids any second marriage contracted while a prior civil marriage subsists. Learn the rules, limits of Muslim divorce, and who may sue.

Chattel vs Real Property: How Mortgage Classification Affects Foreclosure Rights

Philippine Supreme Court ruling on when machinery is chattel or real property, and why classification determines what a mortgage covers.

Judge's Authority in Marriage Solemnization: Jurisdiction and Validity Rules

Learn the jurisdictional limits of judges solemnizing marriages in the Philippines and the mandatory presumptive death proceeding under the Family Code.