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 124 of 65 articles for encumbrances

Foreclosure Suit as Sufficient Demand: Goldland Tower Ruling Explained

The Supreme Court clarifies when filing a foreclosure lawsuit itself serves as the legal demand required to put a debtor in default under Philippine law.

Civil Liability After Criminal Acquittal: What the Llonillo Case Means

Philippine law allows civil liability to survive a criminal acquittal. Learn the rules and the Supreme Court's ruling in Llonillo.

Defective Service of Summons and Prior Unregistered Sale: Key Lessons from Go v. Court of Appeals

Supreme Court clarifies rules on service of summons by publication and priority of prior unregistered sales over registered levies.

Defective Summons Voids Trustee Appointment: Key Lessons from Diversified Plastic Film v. PI-One

Defective summons can void court proceedings. Learn the jurisdictional limits and SPV Act requirements from this Supreme Court ruling.

Reconstitution of Lost Land Titles: Strict Rules Under RA 26 Explained

Lost your Torrens title? Judicial reconstitution demands strict compliance with RA 26. Learn the rules, evidence, and burden of proof.

Reconstitution of Lost Land Titles: Strict Compliance with RA 26 Required

The Supreme Court clarifies that substantial compliance is not enough when petitioning for reconstitution of lost or destroyed land titles under RA 26.

Reconstitution of Title Requires Strict Compliance and Proof of Existence

Philippine Supreme Court ruling on reconstitution of lost titles: strict compliance with RA 26 and proof of title existence required.

Double Titling in the Philippines: How to Protect Your Property Rights

Learn how Philippine courts handle double titling disputes and what property owners can do to protect their rights and avoid legal conflicts.

Property Ownership and Possession: Lessons from a Philippine Supreme Court Ruling

A Philippine Supreme Court ruling clarifies ownership, possession, and the role of tax declarations in property disputes.

Understanding Estafa in Property Transactions: The Importance of Clear Representations

The Supreme Court clarifies when selling an encumbered property amounts to estafa under the Revised Penal Code.

When Foreclosure Threatens Your Home: Buyer Protection Under PD 957 Explained

Learn how the Supreme Court protects condominium and subdivision buyers from summary eviction through writs of possession after foreclosure.

Understanding Equity of Redemption in Philippine Property Law: A Landmark Case Insight

A Supreme Court ruling clarifies the equity of redemption for junior lien holders in judicial foreclosures, protecting their rights when not impleaded.

Right to Repurchase Homestead Land: Key Supreme Court Ruling Explained

The Supreme Court reaffirms a homesteader's right to repurchase sold land within five years under Section 119 of the Public Land Act.

How the Agricultural Free Patent Reform Act Changed Land Ownership Rules in the Philippines

The Supreme Court explains how RA 11231 removed restrictions on agricultural free patents, affecting reversion suits and property rights.

Overlapping Land Claims Resolving Boundary Disputes IN Property Registration

Philippine Supreme Court clarifies remedies for unpaid sellers in land sales, distinguishing dacion en pago from absolute sale.

Unlawful Detainer vs. Accion Publiciana: Key Distinctions in Philippine Ejectment Cases

Learn the key differences between unlawful detainer and accion publiciana, and why filing the wrong action can get your case dismissed.

Right of Way vs Just Compensation: Property Disputes in Infrastructure Projects

When government projects use private land, a pre-existing right of way can bar compensation claims. Learn the rules from a recent Supreme Court ruling.

Specific Denial: How Philippine Courts Determine Liability in Contractual Obligations

The Supreme Court clarifies when a third-party complaint may be denied and how contractual liability for delivering clean title is determined.

Caveat Emptor in Philippine Real Estate: Why Buyers Must Verify Title Before Purchase

The Supreme Court's Ranara ruling shows why buyers must verify property titles—failure to do so can mean losing both the purchase price and improvements.

Priority of Registered Adverse Claims Over Subsequent Mortgages: Protecting Land Rights in the Philippines

Learn how a registered adverse claim protects land rights against subsequent mortgages, and why prior registration prevails under Philippine property law.

Mortgages on Land Reform Properties: Balancing Bank Rights and Agrarian Justice

When land reform and bank mortgages collide, who gets the just compensation? The Supreme Court settles the rule.

Public Use Prevails: Water System Properties Cannot Be Seized for Private Debts

Supreme Court rules water works systems devoted to public use are property of public dominion, exempt from levy and auction sale.

Protecting Property Rights: Good Faith Purchasers vs Unregistered Claims

Philippine Supreme Court ruling on good faith purchasers, unregistered claims, and property rights under Article 1544 of the Civil Code.

Attachment Liens Priority AND Protection IN Real Property Disputes

A prior attachment lien survives title cancellation and transfers, binding the property and subsequent purchasers until the debt is paid.