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 19 of 9 articles for constructive possession

Plain View Doctrine Upholds Warrantless Seizure in Illegal Firearm Possession

The Supreme Court affirms that a firearm seen tucked in a suspect's waist during a lawful police response falls under the plain view doctrine.

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.

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.

Plain View Doctrine: When Warrantless Seizures Are Admissible in Philippine Courts

The Supreme Court explains the plain view doctrine and when evidence seized without a warrant can be used in court.

Constructive Possession When Holding Isnt Always Having IN Illegal Firearm Cases

Philippine Supreme Court explains constructive possession in illegal firearm cases—what it means, how it is proven, and why custody by another person may still be possession.

Possession vs. Sale: Proving the Distinction in Drug Cases

The Supreme Court clarifies why illegal sale and illegal possession of drugs are separate crimes requiring distinct proof, acquitting on one charge.

Simulated Sales: When Continued Possession Trumps a Deed of Sale

Philippine Supreme Court ruling on simulated sales: continued possession and tax payments can nullify a deed of absolute sale.

Losing a Land Title: Why Possession at Application Time Matters in Property Registration

Learn why the Supreme Court denied a land registration application because the applicant no longer possessed the property at the time of filing.

Possession vs Dominion: Defining Illegal Drug Possession in the Philippines

The Supreme Court clarifies actual vs constructive possession of illegal drugs, and when spouses sharing a home may both be liable.