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 121 of 21 articles for co-ownership

Usufruct vs. Co-Ownership: When a Usufructuary Can Eject a Co-Owner

The Supreme Court clarifies that a usufructuary can eject a co-owner during the usufruct period, protecting family property arrangements.

Conjugal Property Presumptions: Protecting Separate Assets from a Spouse's Debts

Learn how the Supreme Court protects separate property from a spouse's debts and what evidence overcomes the conjugal presumption.

Sheriff’s Abuse of Authority: Protecting Your Property Rights in the Philippines

Learn the limits of a sheriff’s authority under Rule 39 and how the Supreme Court protects property rights in Ignacio v. Balading.

Extrajudicial Settlement in the Philippines: Why Excluding Heirs Can Void the Deal

Learn how the Supreme Court protects excluded heirs in extrajudicial settlements, and what co-owners can still do with their shares.

Co-Owner’s Lease Without Consent: Rights of Heirs and Lessees Explained

Can one co-owner lease shared property without the others’ consent? The Supreme Court explains the limits, the lessee’s rights, and the remedies for non-consenting heirs.

Oral Partition of Inheritance: Proving Verbal Agreements in Philippine Law

The Supreme Court clarifies when an oral partition of inherited property can override a written extrajudicial settlement, and what evidence is needed.

When a Notarized Deed of Sale Fails: Consent Is Key in Philippine Property Transfers

A notarized deed does not guarantee a valid sale. The Supreme Court explains why genuine consent is essential in property transactions.

Marriage Nullity and Estate Settlement: Jurisdiction and Standing Under Philippine Law

Learn how Philippine courts handle marriage nullity and estate settlement, including who has legal standing to challenge a marriage's validity.

Co-Ownership and Property Rights in the Philippines: The Racho Case on Consent

The Supreme Court clarifies when co-owners may sell inherited property and why consent of all heirs is required before partition.

Unconscionable Interest Rates: When 5% Monthly Loan Interest Is Void in the Philippines

Philippine courts void unconscionable loan interest rates even if borrowers agreed to them. Learn the rules, the legal interest substitute, and foreclosure effects.

Emancipation Patents Under Voluntary Land Transfer: The Marinas Ruling

The Supreme Court clarifies when emancipation patents are valid under PD 27's Voluntary Land Transfer scheme, including co-owner consent and payment timing.

Unpaid Purchase Price: When a Deed of Absolute Sale Is Void for Lack of Consideration

A deed of sale without actual payment is void from the start. Learn the Supreme Court's ruling and key lessons.

Co-Ownership and Land Sales: When Selling a Definite Portion Is Invalid

A co-owner cannot sell a definite portion of undivided land without all co-owners' consent. Learn the rules from Cabrera v. Ysaac.

Ejectment Cases: Proving Tolerance and Co-Ownership Rights in Unlawful Detainer

Understand when unlawful detainer fails: proving tolerance, co-ownership rights, and the Quijano v. Amante ruling on possession.

Can One Co-Owner File an Ejectment Case Alone? Yes, Says the Supreme Court

A co-owner can file an ejectment suit without joining other co-owners, as ruled in Catedrilla v. Lauron. Learn the rules.

Unmarried Couples and Property Rights in the Philippines: Proving Co-Ownership

Unmarried couples in the Philippines must prove actual joint contribution to co-own property. Learn the rules from Lacbayan v. Samoy.

Good Faith Builder Rights Under Article 448: Key Lessons from a Philippine Supreme Court Case

Understand the rights of a builder in good faith under Philippine law, including the landowner's options under Article 448 of the Civil Code.

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.

When Can a Co-Owner File an Ejectment Suit in the Philippines? The Adlawan Rule

Philippine law lets a co-owner file ejectment, but only for the benefit of all co-owners—not for sole personal gain. Here's what Adlawan v. Adlawan teaches.

Implied Trusts in Philippine Property Law: When a Titleholder Is Not the True Owner

Learn how implied trusts work under Philippine law, the gift presumption for children under Article 1448, and key lessons from Morales v. Court of Appeals.

Property Rights in Cohabitation: Ownership Rules for Unmarried Couples in the Philippines

Learn how Philippine law divides property for unmarried couples, the limits on donations, and key lessons from the Agapay case.