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Showing 1–24 of 596 articles for “heir”

Intestate Succession and Legitime in the Philippines: Who Inherits

Understand intestate succession in the Philippines, how legitime protects compulsory heirs, and who inherits when there is no will.

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.

Mandamus and Retirement Benefits: How Government Employees Can Enforce Their Rights

Learn how mandamus can compel government agencies to release delayed retirement benefits, based on a recent Supreme Court ruling.

Notarial Negligence and Misuse of Notarial Seals: What the Supreme Court Decided

The Supreme Court clarifies when lawyers may be held liable for misuse of their notarial seals, and when they may not.

Competency of Witnesses With Intellectual Disabilities: Safeguarding Justice in the Philippines

The Supreme Court affirms that intellectual disability alone does not disqualify a witness, provided they can perceive and communicate their perceptions.

Forcible Entry and Prior Physical Possession: Protecting Occupants Against Owners

Explore the Supreme Court's ruling in Magsi v. Heirs of Lopez, Jr. on forcible entry, prior physical possession, and ejectment law in the Philippines.

GSIS Housing Loan Death Claims: When Insurance Lapses but Equity Survives

Philippine Supreme Court ruling on GSIS housing loans, Sales Redemption Insurance coverage, and heirs' right to restructure after a borrower's death.

GSIS Housing Loans and Insurance: Protecting Heirs' Rights After a Borrower's Death

A Supreme Court ruling on GSIS housing loans clarifies when Sales Redemption Insurance applies and how heirs can save a deceased borrower's property from cancellation.

Preterition in Philippine Wills: When Omitting a Compulsory Heir Invalidates Inheritance

Learn how preterition—omitting a compulsory heir—can annul a will's heir institution under Philippine law, with insights from Trinidad v. Trinidad.

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.

When a Sale Among Heirs Can Be Voided: PD 27 and Simulated Land Transfers

Learn when a sale of agrarian reform land among heirs is void under PD 27, based on the Supreme Court's ruling in Dela Cruz v. Dumasig.

Free Patent to Minor and Prescription of Reconveyance: Heirs of Timbao v. Enojado

SC ruling on free patents issued to minors, indefeasibility of titles, and the discretionary power of appellate courts over dismissed appeals.

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.

Co-Owner’s Lease Without Consent: Rights of Heirs and Lessees Explained

Can one co-owner lease shared property without the others’ consent? The Supreme Court explains the limits, the lessee’s rights, and the remedies for non-consenting heirs.

Heirship Disputes: Why Summary Judgments Fail When Inheritance Rights Are Unclear

Supreme Court explains why summary judgment cannot resolve contested heirship and inheritance rights in estate administration cases.

When a Missing Estate Administrator Does Not Void a Contract Case: Heirs of Manzano v. Kinsonic

The Supreme Court clarifies when the absence of an estate administrator is not fatal to a contract dispute, distinguishing indispensable from necessary parties.

Heirs Lose Land Claim Over Maysilo Estate After Appeal Dismissed for Procedural Lapses

Supreme Court affirms dismissal of heirs' land claim over Maysilo Estate due to procedural lapses, including belated appeal brief and defective petition.

Heirship in Property Disputes: Can Ordinary Civil Actions Decide Inheritance?

The Supreme Court clarifies when heirship can be resolved in an ordinary civil action, not just special proceedings, for property disputes.

Illegal Dismissal Claims Survive Employee's Death: Heirs May Substitute

Philippine Supreme Court clarifies that illegal dismissal complaints are imbued with public interest, allowing heirs to substitute deceased complainants.

Seafarer Disability Claims: Proving the Work-Related Connection for Compensation

Philippine Supreme Court clarifies that seafarers must prove their illness is work-related by substantial evidence, not merely allege it.

Faculty Rights and Union Membership: Protecting the Right to Self-Organization in Educational Institutions

The Supreme Court clarifies that faculty members are not managerial employees and may form unions, protecting their right to self-organization.

Oral Partition and Mortgage Validity: Protecting Heirs' Rights in Property Disputes

The Supreme Court ruled that an oral partition ("toka") can be valid and that a mortgage over a non-owner's share is void, protecting heirs' property rights.

Lis Pendens and Due Process: Registered Owners Must Be Impleaded in Property Litigation

The Supreme Court rules that registered owners must be impleaded before a notice of lis pendens may be annotated on their title.

Fathers Can File VAWC Petitions for Abused Children Against the Mother

The Supreme Court clarifies that fathers may seek protection and custody orders under RA 9262 on behalf of children abused by their mothers.