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 124 of 165 articles for possession

Unwritten Land Sales in the Philippines: When Possession and Improvements Matter

The Supreme Court clarifies when an unwritten sale of land can be enforced, focusing on possession, improvements, and partial performance under Philippine law.

Double Sale in the Philippines: Good Faith and Due Diligence in Property Disputes

A buyer who fails to inspect the property before purchase cannot claim good faith in a double sale. The Supreme Court explains why.

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.

Scattershot Search Warrants: The “One Specific Offense” Rule Explained

When does a search warrant become an invalid “scattershot” warrant? The Supreme Court clarifies the “one specific offense” rule in Puguon v. People.

Lease Improvements and Builder in Good Faith: What Philippine Lessees Must Know

Philippine Supreme Court clarifies who owns lease improvements and why "builder in good faith" rarely applies to lessees.

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.

Election Gun Ban and Retroactivity: The Bargado Case Explained

Can a postponed election erase a gun ban violation? The Supreme Court's Bargado ruling explains retroactivity in Philippine election law.

Abandonment in Agrarian Leaseholds: What Farmers and Landowners Must Know

The Supreme Court clarifies when a farmer's absence amounts to abandonment—and why notarized documents alone cannot end a leasehold.

Human Trafficking vs. Child Pornography: Key Distinctions Under Philippine Law

The Supreme Court clarifies that human trafficking and child pornography are distinct offenses, each with separate elements and penalties under Philippine law.

Foreclosure Judgments Must State Amount and Payment Period: Lontoc v. Tiglao

A foreclosure judgment must specify the exact amount due and the payment period under Rule 68, Section 2, or it cannot be executed.

Chain of Custody in Drug Cases: How a Broken Link Leads to Acquittal

A broken chain of custody can overturn drug convictions. Learn the strict rules under RA 9165 and what the Cordova ruling means.

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.

Attorney’s Lien vs. Client’s Rights: When Can a Lawyer Withhold a Passport in the Philippines?

The Supreme Court clarifies the limits of an attorney’s retaining lien, ruling that lawyers cannot withhold a client’s passport or other essential documents.

Third-Party Claims in Labor Disputes: Protecting Assets from Wrongful Levy

Learn how the Supreme Court protects third-party asset owners from wrongful levy in labor dispute executions, and the proper remedies available.

Theft vs. Robbery in the Philippines: The Element of Force Explained

Understand the difference between theft and robbery under Philippine law, and how the element of force affects criminal liability and penalties.

Possession of Fake Currency in the Philippines: Knowledge and Intent Under Article 168

Philippine law punishes possession of counterfeit currency only when knowledge and intent to use are proven. The Supreme Court clarifies this in a recent ruling.

Cyber-Enabled Robbery in the Philippines: How RA 10175 Raises Penalties for Digital Extortion

Learn how the Supreme Court applies the Cybercrime Prevention Act to robbery committed through digital means, and why penalties are one degree higher.

Intent to Gain in Theft Cases: Good Faith Ownership Claims Under Philippine Law

Philippine theft law requires intent to gain. Learn how a good faith belief in ownership can defeat criminal charges, citing Amarille v. People.

Property Dispute Jurisdiction: Assessed Value of the Contested Area, Not the Whole Lot

Philippine courts decide property dispute jurisdiction by the assessed value of the specific area in question, not the entire property. Learn the rule.

Final and Executory Judgments: The Doctrine of Immutability in Philippine Courts

Once a judgment becomes final and executory, courts cannot revisit it. Learn the doctrine of immutability, its exceptions, and key lessons from a recent Supreme Court ruling.

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.

Stop-and-Frisk Searches in the Philippines: When Are They Legal?

Learn when Philippine police may legally conduct stop-and-frisk searches, what limits apply, and your rights during such encounters.

Default Orders and Affidavit of Merit: Lessons from Far East Fuel v. Airtropolis

A default order can be lifted only with an affidavit of merit and proof of excusable negligence. Learn the rules from a recent Supreme Court ruling.

Omission of Drug Quantity in Information: Can Conviction Still Stand?

The Supreme Court clarifies when an Information's failure to state drug quantity affects conviction and penalty in drug cases.