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 encroachment

Property Dispute Jurisdiction: Assessed Value of the Contested Area, Not the Whole Lot

Philippine courts decide property dispute jurisdiction by the assessed value of the specific area in question, not the entire property. Learn the rule.

Encroachment and Good Faith: Land Dispute Remedies Under Article 448

A Supreme Court ruling on encroachment clarifies when a landowner may recover possession and how Article 448 protects builders in good faith.

Boundary Disputes Cannot Be Settled by Forcible Entry: The Proper Remedy Is Accion Reivindicatoria

Boundary disputes that question ownership cannot be resolved through forcible entry; the Supreme Court requires an accion reivindicatoria instead.

Relocation Surveys in Land Disputes: Why Precise Boundaries Matter

When land titles conflict, courts order relocation surveys to settle boundary disputes. Learn the rules and practical lessons.

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.

Forcible Entry in the Philippines: Proving Prior Possession and Unlawful Deprivation

Understand the requirements for forcible entry cases in the Philippines, including prior possession and unlawful deprivation, based on the Ong v. Parel ruling.

Laches and Forgery in Philippine Property Law: The Isabela Colleges Case

Philippine property law: can laches defeat a forgery claim? The Supreme Court's ruling in Isabela Colleges v. Heirs of Rivera explains why delay can be deadly.

Laches vs. Torrens Title: Why Delay Can Cost You Your Land in the Philippines

A Torrens title is strong but not absolute—unreasonable delay in asserting ownership can lead to losing the property to laches.

Priority in Land Titles: Why Earlier Registration Wins in Philippine Property Disputes

When two titles cover the same land, the earlier registration generally prevails. Learn the rule and how to protect your property.