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 29 articles for estate law

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.

Foreclosure Judgments Must State Amount and Payment Period: Lontoc v. Tiglao

A foreclosure judgment must specify the exact amount due and the payment period under Rule 68, Section 2, or it cannot be executed.

Inverse Condemnation and Provisional Compensation: What RA 10752 Means for Landowners

The Supreme Court clarifies that RA 10752 governs provisional compensation in inverse condemnation cases filed after its effectivity, even if the taking occurred earlier.

Easements and Eminent Domain in the Philippines: MMDA’s Limits After Diamond Motor

The Supreme Court limits MMDA’s power to impose easements, balancing flood control with private property rights and just compensation.

Deficiency Claims After Mortgage Foreclosure: The Prieto v. BPI Ruling

Learn how the Supreme Court's Prieto v. BPI ruling protects borrowers from unproven deficiency claims after mortgage foreclosure in the Philippines.

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.

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.

Can Heirs Challenge a Sale of Conjugal Property Made Without Spousal Consent?

A Supreme Court ruling clarifies when a sale of conjugal property without spousal consent is voidable, and who may challenge it.

Employee vs. Independent Contractor in Real Estate: The Four-Fold Test Explained

A Supreme Court ruling clarifies when real estate sales agents are employees or independent contractors, and why the distinction matters.

Mortgagee in Good Faith in the Philippines: What Jimenez v. Jimenez, Jr. Means for Property Owners

Learn how the mortgagee in good faith doctrine protects lenders and foreclosure buyers in the Philippines, explained through the Jimenez case.

Mortgage Foreclosure and Prescription in the Philippines: Key Lessons from a Landmark Case

Learn how prescription periods affect mortgage foreclosure in the Philippines, based on the Supreme Court's ruling in Active Wood Products v. State Investment House.

Partial Redemption in Philippine Foreclosure: Can You Redeem Select Properties?

Philippine law allows partial redemption of foreclosed properties. Learn the rules, limits, and practical implications from a key Supreme Court ruling.

Option Contract vs. Right of First Refusal: Key Differences Under Philippine Law

Learn the difference between an option contract and a right of first refusal in Philippine real estate, based on the Supreme Court's ruling in Tuazon v. Del Rosario-Suarez.

Simulated Contracts in the Philippines: Intent, Validity, and the Valerio Case

Learn how Philippine courts decide simulated contracts by examining party intent, absolute vs. relative simulation, and the Valerio ruling.

Tax Declaration vs. Deed of Sale: Proving Land Ownership in the Philippines

A tax declaration annotation is not proof of land ownership. Learn what documents legally establish title under Philippine law.

HLURB Jurisdiction Over Homeowner-Developer Disputes: Key Ruling

The Supreme Court confirms HLURB's exclusive jurisdiction over homeowner-developer construction disputes, not the RTC. Learn the rules and practical implications.

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.

Lease Agreements in the Philippines: Why Written Consent Before Construction Matters

Learn how the Supreme Court's ruling in Bugatti v. Baguilat underscores the need for a perfected lease contract before construction begins.

Subleasing Without Landlord Consent: Ejectment Risks in Philippine Unlawful Detainer Cases

Sublessees without landlord consent face eviction when the main lease ends. Learn the rules from Jimenez v. Patricia, Inc.

Amended Complaints and Court Jurisdiction: The Que v. Court of Appeals Rule

Amending a complaint to add parties or claims does not automatically strip a Philippine court of jurisdiction if the original cause of action remains intact.

Homestead Redemption After Foreclosure: The 5-Year Right Under the Public Land Act

Homesteaders have a five-year right to repurchase foreclosed land under the Public Land Act, even after a bank consolidates title.

Lis Pendens and Due Diligence: Why Philippine Property Buyers Must Investigate Title Defects

Learn how the lis pendens rule and the Po Lam case show why Philippine property buyers must go beyond a title check to avoid costly legal disputes.

Suing a Deceased Person in the Philippines: Estate Claims and Legal Personality Rules

Can you sue a deceased person's estate in the Philippines? Learn the legal personality rules and proper probate procedure for collecting debts from an estate.

Mortgage Foreclosure After Death of a Debtor: Creditor Options in the Philippines

When a mortgagor dies, creditors have three legal options. Learn how extrajudicial foreclosure works under Philippine law.