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.
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Navigating Appeals in Estate Proceedings: The Necessity of a Record on Appeal
Philippine Supreme Court clarifies that appeals in special proceedings require both a notice of appeal and record on appeal within 30 days.
Jurisdiction Limits Intestate Courts AND Ownership Disputes IN Estate Proceedings
Attorney's Fees in Estate Proceedings: When Docket Fees Are Not Required
The Supreme Court clarifies when lawyers claiming fees from an estate need not pay separate docket fees, and when certiorari is proper.
Timely Intervention and Jurisdictional Limits in Philippine Estate Proceedings
Learn how the Constantino case clarifies intervention rules and probate court limits in Philippine estate proceedings.
Special Administrators in Estate Cases: Residency Matters More Than Citizenship
Philippine Supreme Court clarifies that residency, not citizenship, determines who may serve as special administrator in estate proceedings.
Understanding Judicial Misconduct: Bias and Ignorance in Estate Administration
A Supreme Court ruling on a judge's gross ignorance of the law and bias in estate proceedings, and the penalties imposed.
Foreign Currency Deposits and Joint Accounts: Consent Requirements in Estate Proceedings
Philippine Supreme Court rules on consent requirements for withdrawing from joint foreign currency deposit accounts during estate settlement.
Filiation and Estate Administration: Clarifying the Scope of DNA Evidence in Determining Heirship
The Supreme Court clarifies when DNA test results may—and may not—be used to remove a special administrator in estate proceedings.
Piercing the Corporate Veil Has Limits in Estate Proceedings: Mayor v. Tiu
The Supreme Court clarifies that probate courts cannot pierce the corporate veil to seize a corporation's assets as part of a decedent's estate.
Res Judicata in Estate Proceedings: Teng v. Ting on Re-Litigating Ownership
The Supreme Court in Teng v. Ting bars re-litigating ownership in estate cases once a prior final judgment has settled the issue.
Reconveyance Actions Survive Death and Stand Apart from Estate Proceedings
Philippine Supreme Court clarifies that reconveyance actions survive a party's death and proceed independently of estate settlement proceedings.
Revocation of Special Administration: Balancing Discretion and Due Process in Estate Settlement
Explore the Supreme Court's ruling on revoking special administrators and appointing regular administrators in estate proceedings.
Lis Pendens Cancellation: Estate Settlement Finality vs Unrelated Agreements
When a judicially approved compromise ends estate proceedings, lis pendens on covered property may be deemed cancelled under PD 1529.
Perfecting Appeals: The Jurisdictional Requirement in Estate Proceedings
Why filing both a notice of appeal and record on appeal is jurisdictional in estate cases, and what happens when a party fails to perfect an appeal.
When Courts May Remove a Special Estate Administrator: Discretion and Limits
Explaining when Philippine courts may remove a special estate administrator and the limits of judicial discretion in estate proceedings.
Court Discretion in Estate Administration: When Can a Special Administrator Be Removed
Philippine Supreme Court clarifies when courts may remove a special administrator and the limits of judicial discretion in estate proceedings.
Establishing Filiation in Estate Proceedings: The Illegitimate Child's Claim
Explaining Tayag v. Tayag-Gallor: an illegitimate child may prove filiation during estate settlement, not just via recognition action.
Discretion Prevails THE NON Appealable Nature OF Special Administrator Appointments IN Estate Proceedings
Attorney's Fees in Estate Proceedings: Mandamus Not a Remedy When Fees Are Redetermined
When a probate court redetermines attorney's fees, a prior writ of execution is superseded, and mandamus cannot compel its enforcement.
Validity of Adoption in Estate Settlement: Why a Decree Stands Until Annulled
A valid adoption decree cannot be attacked collaterally in estate proceedings. Learn the rule from Reyes v. Sotero.
Duty to Account: Co-Administrators' Responsibilities in Estate Settlement
Supreme Court clarifies co-administrators' duty to render accounting in estate proceedings, and limits of certiorari.
Lawyer Suspended for Deceit and Unauthorized Representation in Estate Case
Supreme Court suspends lawyer for six months for deceiving clients into signing an authority that let him file unauthorized estate proceedings.
Attorney Suspended for Acquiring Client's Property During Estate Proceedings
Lawyer suspended six months for acquiring property from client during pending estate proceedings, violating Article 1491 of the Civil Code.
Upholding Judicial Efficiency: Timely Resolution of Motions in Estate Proceedings
The Supreme Court reminds judges that failing to resolve motions within 90 days is gross inefficiency, even in complex estate cases.