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 119 of 19 articles for fair market value

Estate Tax in the Philippines: A Practical Guide for Heirs and Beneficiaries

Learn the Philippine estate tax rules: the 6% rate, deductions, filing deadlines, exemptions, and penalties under the TRAIN Law.

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.

Timely Filing of Just Compensation Claims Under Philippine Agrarian Law

Learn the 10-year prescriptive period for filing just compensation claims with the Special Agrarian Courts under Philippine agrarian reform law.

Forged Signatures and Municipal Liability: Just Compensation for Illegally Constructed Roads

When a municipality builds a road on private land based on a forged deed, the owner may be entitled to just compensation rather than removal of the road.

Forged Donation Municipality Liable FOR Taking Private Land Without Just Compensation

Supreme Court rules a municipality must pay just compensation when it builds a road on private land under a forged deed of donation.

Expropriation Due Process: What Property Owners Must Prove

A Supreme Court ruling on Olongapo expropriation clarifies the requisites for valid taking, the need for genuine negotiation, and the right to a full hearing on defenses.

Expropriation Voided: Olongapo's Failure to Make a Valid Offer and Grant Due Process

Supreme Court voids Olongapo's expropriation of Jose Co Lee's property for lack of a valid offer and due process, reaffirming safeguards for property owners.

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers From Unfair Loan Agreements

When is a "sale with right to repurchase" really a loan? The Supreme Court explains equitable mortgage and pactum commissorium.

Grave Misconduct Requires Proof of Wrongful Intent, Not Just a Flawed Revaluation

When is a bad property valuation grave misconduct? The Supreme Court clarifies the evidence needed to hold public officers liable.

Donor's Tax on Share Sales: Fair Market Value and Donative Intent

Supreme Court rules on donor's tax for share sales below book value, fair market value determination, and CTA jurisdiction.

Equitable Mortgage Ruling Reasserts Mortgagor Rights in Property Disputes

Supreme Court clarifies that in equitable mortgages, reconveyance to the mortgagor is the principal remedy—not payment of fair market value.

Secretary's Certificate as Proof of Corporate Authority in Philippine Litigation

Philippine Supreme Court clarifies when a secretary's certificate suffices to prove corporate authority to file pleadings, and the duties of plaintiffs in pre-trial.

Zonal Valuation vs. Actual Use: What Governs CGT and DST on Property Sales

The Supreme Court rules that existing zonal valuations, not actual property use, govern capital gains tax and documentary stamp tax computations.

Res Judicata in Philippine Land Expropriation When Prior Judgments Bar Reversion Claims

Explaining when prior final judgments bar reversion claims in expropriation cases, citing Republic v. Yu (G.R. No. 157557).

LGU Right to Immediate Possession in Expropriation: City of Iloilo v. Legaspi

When can an LGU take immediate possession of private property in expropriation? The Supreme Court explains the 15% deposit rule.

Sheriffs Duty in Judgment Execution: Avoiding Excessive Levy and Misconduct

Philippine Supreme Court ruling on sheriffs' duty to avoid excessive levy in judgment execution and the consequences of misconduct.

Deed of Sale or Loan Understanding: Equitable Mortgage in Philippine Property Law

When is a deed of sale really an equitable mortgage? The Supreme Court clarifies the rules on when courts will presume a loan arrangement.

Equitable Mortgage vs Absolute Sale: Protecting Borrowers in Financial Distress

When is a deed of absolute sale really a mortgage? The Supreme Court explains how courts protect borrowers who sign sale documents under financial pressure.

Expropriation in the Philippines: Provisional Deposit and Writ of Possession Explained

Understand how the 1997 Rules on expropriation allow the government to take property upon depositing assessed value, and what this means for owners.