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 1–12 of 12 articles for “judicial partition”

Sort:Newest Oldest

Nov 13, 2023 acquisitive prescription partition property law civil code inheritance co-ownership

Acquisitive Prescription and Partition: Understanding Property Rights in the Philippines

Learn how acquisitive prescription and partition work in Philippine property law through a recent Supreme Court ruling on family inheritance disputes.

Jun 30, 2021 co-ownership recovery of possession partition civil code supreme court

Estoppel in Mortgage Foreclosures: Protecting Borrowers From Unfair Actions

Philippine Supreme Court ruling on co-owner rights in recovery of possession, clarifying when partition is not required before filing ejectment actions.

Jan 12, 2021 co-ownership property law civil law succession inheritance

Co-Ownership and Property Rights in the Philippines: The Racho Case on Consent

The Supreme Court clarifies when co-owners may sell inherited property and why consent of all heirs is required before partition.

Oct 7, 2014 ejectment unlawful detainer co-ownership possession civil procedure property law

Ejectment Cases: Proving Tolerance and Co-Ownership Rights in Unlawful Detainer

Understand when unlawful detainer fails: proving tolerance, co-ownership rights, and the Quijano v. Amante ruling on possession.

Mar 20, 2011 co-ownership unmarried couples family code property law lacbayan v samoy

Unmarried Couples and Property Rights in the Philippines: Proving Co-Ownership

Unmarried couples in the Philippines must prove actual joint contribution to co-own property. Learn the rules from Lacbayan v. Samoy.

Nov 17, 2010 real-estate-law due-diligence torrens-title adverse-claim buyer-in-good-faith land-registration

Buyer Beware: Due Diligence in Philippine Real Estate Transactions

The Supreme Court reminds buyers of registered land that a title is not enough—due diligence requires inquiry beyond its four corners.

Jan 20, 2009 sharia court muslim estate settlement jurisdiction code of muslim personal laws special proceedings

Sharia Court Jurisdiction Determining Muslim Status For Estate Settlement

The Supreme Court clarifies when Sharia District Courts may hear estate cases and determine if a deceased person was Muslim.

Sep 26, 2006 supplemental complaint forum shopping legal redemption civil procedure co-ownership

Supplemental Complaints and Forum Shopping: Lessons from Young v. Sy

The Supreme Court clarifies when supplemental complaints are allowed and why filing both an appeal and certiorari amounts to forum shopping.

Nov 22, 2005 civil law prescription co-ownership partition inheritance property law

Prescription Prevails: Acquiring Ownership Despite Shared Inheritance

When a co-heir openly claims inherited land as their own for decades, prescription can defeat the right to partition.

Jun 16, 2003 civil-law property-law forged-documents land-disputes sale-of-goods prescription

Perfecting a Sale vs. Transfer of Ownership: Forged Documents and Land Disputes

Philippine Supreme Court clarifies when ownership transfers in a sale, and why forged documents cannot defeat a registered owner's title.

Mar 31, 2000 estate settlement judicial partition letters of administration rule 74 succession law

When Heirs Disagree: Judicial Partition Over Administration of an Estate

Philippine Supreme Court ruling explains when courts may convert estate administration proceedings into judicial partition among heirs.

Jan 31, 1996 implied trust prescription laches property law reconveyance civil code

Implied Trusts and Prescription: What the Esconde Case Means for Property Owners

Learn how implied trusts work in the Philippines and why delay can bar your property claim, based on the Supreme Court's Esconde ruling.