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 110 of 10 articles for attorney-in-fact

Extrajudicial Foreclosure in the Philippines: Why a Special Power of Attorney Is Required

The Supreme Court ruled that a general foreclosure clause is not enough—mortgagees need express authority to sell property extrajudicially.

Prejudicial Question in the Philippines: Suspension, Not Dismissal, of Criminal Cases

A prejudicial question suspends, not dismisses, a criminal case. Learn the rule from a recent Supreme Court ruling.

Proving a Lost Property Title: Evidence Lessons from a 2021 Supreme Court Ruling

A 2021 Supreme Court ruling clarifies the strict evidence needed to replace a lost property title in the Philippines.

Proving Tolerance in Unlawful Detainer: A Landmark Lesson from the Supreme Court

The Supreme Court clarifies the burden of proving tolerance in unlawful detainer cases. Learn the key evidence rules for ejectment disputes.

Authority to File Suit: When a Missing SPA Defeats Court Jurisdiction

A complaint filed by an attorney-in-fact without a Special Power of Authority is invalid, depriving the court of jurisdiction over the case.

Barangay Settlement Enforcement: MCTC Jurisdiction and the 10-Day Rule

Learn how the Supreme Court clarified enforcement of barangay amicable settlements, including MCTC jurisdiction and the binding 10-day repudiation period.

Venue in Civil Cases: Real Party in Interest's Residence Governs, Even for Plaintiffs Abroad

Philippine venue rules: when a plaintiff resides abroad, the case must be filed where the defendant resides—not where the attorney-in-fact lives.

Can One Co-Owner File an Ejectment Case in the Philippines? Yes, Under Article 487

A single co-owner can file an ejectment suit without the others. The Supreme Court explains how Article 487 of the Civil Code works.

Barangay Jurisdiction in Property Disputes: Residency of the Real Party in Interest Controls

The Supreme Court clarifies that the real party in interest's residency, not the attorney-in-fact's, determines barangay lupon jurisdiction over disputes.

Judicial Accountability in Unlawful Detainer Cases: The Montemayor Ruling

A Supreme Court ruling on a judge's delay in an ejectment case underscores the strict timelines and impartiality required of Philippine courts.