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 51 articles for power of attorney

When Does a Lawyer's Suspension Start? SC Clarifies Constructive Notice

The Supreme Court rules that a lawyer's suspension can begin upon constructive receipt of the decision when the lawyer's whereabouts are unknown.

Extrajudicial Foreclosure in the Philippines: Why a Special Power of Attorney Is Required

The Supreme Court ruled that a general foreclosure clause is not enough—mortgagees need express authority to sell property extrajudicially.

Notarial Duties Are Personal: Attorney's Lapses in Recording SPA Lead to Suspension

A lawyer cannot delegate notarial record-keeping to staff. Learn the rules and consequences from a recent Supreme Court ruling.

Proving a Lost Property Title: Evidence Lessons from a 2021 Supreme Court Ruling

A 2021 Supreme Court ruling clarifies the strict evidence needed to replace a lost property title in the Philippines.

Understanding Estafa and Falsification: Insights From a Landmark Philippine Supreme Court Case

A disbarment case clarifies the evidentiary standard for lawyer discipline and the role of a Special Power of Attorney in signing judicial affidavits.

Apparent Authority and Employer Liability: When Companies Are Bound by Employees' Acts

When are companies liable for unauthorized employee acts? The Supreme Court explains apparent authority, estoppel, and employer responsibility in Eternal Gardens v. Perlas.

Understanding the Crime of Using Falsified Documents in the Philippines

A Philippine Supreme Court ruling explains the crime of using falsified documents, its elements, and why procedural rules matter in appeals.

Client’s Death and Counsel’s Duty: The 30-Day Notification Rule Under Section 16, Rule 3

A lawyer must notify the court within 30 days of a client’s death and name the legal representatives—or face disciplinary action.

Sale vs Agency: When Unpaid Vendors Are Not Guilty of Estafa

The Supreme Court clarifies when a failed real estate deal is a breach of contract, not estafa, and why unpaid vendors cannot be criminally liable.

Authority to File Suit: When a Missing SPA Defeats Court Jurisdiction

A complaint filed by an attorney-in-fact without a Special Power of Authority is invalid, depriving the court of jurisdiction over the case.

Best Evidence Rule in Disbarment Cases: Goopio v. Maglalang Explained

The Supreme Court clarifies that photocopies cannot prove lawyer misconduct, dismissing a disbarment case for violating the Best Evidence Rule.

Upholding Redemption Rights: The Validity of an Irrevocable Power of Attorney in Land Disputes

Supreme Court ruling on irrevocable power of attorney, land redemption, and compromise agreements in Philippine civil law.

Res Judicata and Litis Pendentia: Ending Endless Property Litigation in the Philippines

Learn how the Supreme Court applied res judicata and litis pendentia to bar a second property case, preventing endless litigation over the same land.

Mortgage in Good Faith: Protecting Lenders in Philippine Real Estate Transactions

The Supreme Court explains how the mortgagee-in-good-faith doctrine shields lenders who rely on a clean Torrens title, even if fraud taints the chain.

Attorney Disbarred for Gross Misconduct and Willful Disobedience to Court Orders

A lawyer's unauthorized use of a client's property for bail bonds, plus defiance of court orders, leads to disbarment.

Disbarment for Deceit and Unauthorized Notarization: Ethical Standards for Lawyers

Supreme Court affirms suspension and notarial disqualification for a lawyer who used falsified documents and notarized outside his jurisdiction.

Limits of a General Power of Attorney Authority to Sell Real Property in the Philippines

Philippine Supreme Court clarifies that a general power of attorney does not authorize an agent to sell real property without a special power of attorney.

Mortgage Foreclosure Absence of Special Power to Sell Invalidates Extrajudicial Proceedings

Philippine Supreme Court rules that extrajudicial foreclosure requires a special power to sell inserted in or attached to the mortgage deed, otherwise the proceedings are void.

Pre-Trial Representation: When a Special Power of Attorney Is Required

Learn why the Supreme Court requires a Special Power of Attorney for pre-trial representation, and how lacking one can lead to default.

Mortgage in Good Faith: Banks vs Unregistered Land Sales in the Philippines

When does a bank lose protection as a mortgagee in good faith? The Supreme Court clarifies the rule on unregistered land sales.

When an Agent's Mortgage Signed in Own Name Does Not Bind the Principal

A mortgage signed by an agent in a personal capacity, without indicating agency, binds only the agent, not the principal.

Maceda Law Protecting Installment Buyers From Improper Contract Cancellations

Learn how the Maceda Law protects installment buyers from improper contract cancellations and what the Supreme Court said about buyer rights.

Forged Documents and Good Faith: Protecting Land Ownership in the Philippines

When forged deeds meet buyers' good faith, Philippine courts weigh title protection against prudence. Learn the rules from a recent Supreme Court ruling.

Agency and Authority: When a Deed Does Not Mean a Done Deal in Property Sales

Philippine Supreme Court ruling on when a deed of sale is void without proper agency authority under the Civil Code.