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 121 of 21 articles for family dispute

When a Parent Pays for Property in a Child's Name: Implied Trusts vs. Presumed Donations

Philippine law presumes a donation when a parent pays for property titled in a child's name. Learn how to overturn this presumption.

Usufruct vs. Co-Ownership: When a Usufructuary Can Eject a Co-Owner

The Supreme Court clarifies that a usufructuary can eject a co-owner during the usufruct period, protecting family property arrangements.

When Death Ends a Case: Exhumation Dispute and the Rules on Party Substitution

A family exhumation dispute ends without a merits ruling after the petitioner dies and heirs decline substitution, clarifying Rule 3, Section 16.

Oral Partition of Inheritance: Proving Verbal Agreements in Philippine Law

The Supreme Court clarifies when an oral partition of inherited property can override a written extrajudicial settlement, and what evidence is needed.

When a Notarized Deed of Sale Fails: Consent Is Key in Philippine Property Transfers

A notarized deed does not guarantee a valid sale. The Supreme Court explains why genuine consent is essential in property transactions.

Compromise Agreements and Rescission: Lessons from a Supreme Court Ruling

When can a compromise agreement be rescinded? The Supreme Court clarifies the rules on non-performance and rescission under Article 2041.

Prior Physical Possession in Forcible Entry: The Madayag Ruling Explained

The Supreme Court clarifies that prior physical possession in forcible entry cases can be established through juridical acts, not just actual occupation.

Incestuous Rape Conviction Upheld Despite Alleged Testimonial Inconsistencies

Supreme Court affirms rape conviction, ruling minor inconsistencies in victim testimony do not undermine credibility or the prosecution's case.

Receivership: A Harsh Remedy That Requires Imminent Danger of Loss

The Supreme Court clarifies that receivership is an extreme remedy, requiring proof of imminent danger of loss, not mere financial need.

Custody Consequences: Understanding Failure to Return a Minor Under Philippine Law

Learn what constitutes the crime of kidnapping and failure to return a minor under Philippine law, explained through a landmark Supreme Court case.

Indispensable Parties in Certiorari Petitions: The Rule on Due Process

Why omitting an indispensable party in a certiorari petition can invalidate proceedings and how to avoid this procedural pitfall.

Partnership Disputes: Proving a Partnership Without a Formal Agreement

When no written partnership contract exists, courts look to conduct and circumstances. This case shows how to prove or disprove an informal partnership.

Custody Rights and the Child's Welfare: Reassessing Habeas Corpus in Family Disputes

The Supreme Court clarifies that habeas corpus in child custody cases aims to determine rightful custody, not just produce the child.

Lis Pendens Cancellation: Final Judgments and Property Rights Under Biglang-Awa

Learn when a notice of lis pendens can be cancelled after a final judgment, based on the Supreme Court ruling in Biglang-Awa v. Philippine Trust Company.

Estate Settlement Venue and Remarriage After Foreign Divorce: Key Philippine Rules

Philippine Supreme Court clarifies estate settlement venue means actual residence, and a Filipino divorced by a foreign spouse may remarry.

Compromise Agreements Enforceability and Third Party Rights in Philippine Law

Philippine Supreme Court ruling on spousal consortium, habeas corpus, and the limits of court-ordered cohabitation under the Family Code.

Revoking a Donation for Ingratitude in the Philippines: The Noceda Case

Philippine law allows donors to revoke gifts when donees show ingratitude, such as usurping the donor's property. Learn the rules and limits.

Donation Inter Vivos vs Mortis Causa: Philippine Law on Property Transfers

Philippine Supreme Court clarifies how to distinguish donation inter vivos from mortis causa, and when donations become irrevocable.

Partition Inter Vivos and Torrens Title Protection: Lessons from Zaragoza v. Morgan

Philippine law allows property owners to partition estates during their lifetime, but only if legitimes are respected and titles are challenged directly.

Torrens Title vs. Fraud: Protecting Land Ownership in the Philippines

Learn how the Torrens system protects land ownership in the Philippines and why proving fraud requires clear and convincing evidence, based on a landmark Supreme Court case.

Parricide in the Philippines: Proving Intent in Family Killings

Understand parricide under Philippine law and how courts prove intent in family killings, with lessons from a landmark Supreme Court ruling.