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.
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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.
Disbarment for Deceitful Real Estate Dealings Using a Forged SPA
A lawyer who sold property using a forged special power of attorney was disbarred for violating the Code of Professional Responsibility.
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.
Protecting Marital Property When A Forged Signature Undermines Ownership Rights
A forged signature on a special power of attorney cannot defeat a wife's conjugal property rights, as the Supreme Court ruled in Malabanan v. Malabanan.
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.
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.
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.
Attorney Disbarment in the Philippines: When Client Trust Is Betrayed
The Supreme Court disbarred a lawyer who mortgaged and sold a client's property using a forged power of attorney, underscoring the high ethical standards required of Philippine attorneys.
Protecting Marital Property When a Spouse’s Signature Matters
A forged special power of attorney cannot defeat conjugal property rights. Learn the rules on spousal consent in property sales.
Revocability of Irrevocable Powers of Attorney: Agrarian Reform Limits on Tenant Rights
Supreme Court clarifies when an irrevocable power of attorney over agrarian reform land may still be challenged and revoked.
Notarizing Without the Affiant: A Lawyer's One-Year Suspension and Its Lessons
A lawyer who notarized a Special Power of Attorney without the affiant present was suspended for one year. Learn the rules and consequences.
Authority TO Sell Written Power IS KEY To Valid Real Estate Transactions
Philippine Supreme Court ruling on Estate of Lino Olaguer clarifies when a written power of attorney is required for valid real estate sales.
Unauthorized Real Estate Mortgage: Strict Interpretation of Special Power of Attorney
When a special power of attorney fails to identify the exact property, a mortgage over it is unenforceable. The Supreme Court explains why banks must verify authority.
Upholding Contractual Obligations: The Validity of a Special Power of Attorney in Property Transfers
A Supreme Court ruling clarifies jurisdiction in property disputes, the statute of frauds, and rights of first refusal in Philippine real estate law.
Good Faith in Property Transactions: Protecting Innocent Purchasers Under the Torrens System
When a notarized special power of attorney turns out forged, who keeps the land? The Supreme Court explains good faith under the Torrens system.
Good Faith and Due Diligence in Property Transactions: Lessons from Bautista v. Silva
When is a buyer of real property truly in good faith? The Supreme Court clarifies the duty to inquire beyond a special power of attorney.
Notarizing a Deed After the Signer's Death: Disbarment for a Notary Public
A notary public was disbarred for notarizing a Special Power of Attorney after the supposed signer had died. Learn the ethical rule.
Notarizing a Dead Man's Signature: Disbarment for Lawyer's Misrepresentation
A lawyer who notarized a Special Power of Attorney after the signer had died was disbarred for gross misconduct. Here's why.
When a Lawyer's Authority Dies With the Client: Lessons From A.C. No. 5182
A lawyer cannot rely on a special power of attorney after the client's death. The Supreme Court's ruling on agency, trust duties, and lawyer accountability explained.
Lawyer Suspended for Falsifying Documents and Fraudulent Land Sale
Supreme Court suspends lawyer for five years for forging a special power of attorney to sell clients' land without consent.
Forged Documents in Property Deals: How Due Diligence Can Protect You
Philippine Supreme Court ruling on forged special power of attorney in property mortgage—what buyers and lenders must know about due diligence.
Compromise Agreements in the Philippines: Why You Need a Special Power of Attorney
A lawyer cannot compromise a client's case without a special power of attorney. Learn the rules from a Supreme Court ruling.
When Can an Agent Sell Your Property? The Limits of a Special Power of Attorney
A special power of attorney to eject squatters does not authorize selling land. Learn the limits of an agent's authority to dispose of real property.