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 52 articles for prescription

Defective Tax Waivers: Supreme Court Voids BIR Assessment Against Telstar

Supreme Court voids BIR deficiency assessment against Telstar due to defective waivers and lack of demand for payment, reinforcing strict rules on prescriptive periods.

Revival of Judgment in the Philippines: Who Are Indispensable Parties and When to File

Learn the rules on reviving a final judgment in the Philippines, including indispensable parties and the 10-year prescriptive period.

Death of the Accused and Criminal Liability: The Rodriguez v. Elorde Ruling

When an accused dies before final judgment, criminal liability is extinguished. But civil liability may survive—here's how.

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.

Foreclosure Publication Rule: Why Missing the Notice Voids the Sale

Failure to publish a foreclosure notice under Act No. 3135 is a jurisdictional defect that invalidates the sale, as Baclig v. Rural Bank of Cabugao shows.

Prejudicial Question in the Philippines: Suspension, Not Dismissal, of Criminal Cases

A prejudicial question suspends, not dismisses, a criminal case. Learn the rule from a recent Supreme Court ruling.

Accion Publiciana in the Philippines: Recovering Possession of Real Property

Learn how accion publiciana works in the Philippines, when to file it, and what the Ontiveros case means for property owners seeking to recover possession.

Seafarer Death Benefits: Prescription Periods and Proving Work-Related Death

Learn the strict rules on prescription and compensability in seafarer death benefit claims, based on a recent Supreme Court ruling.

Can Religious Corporations Own Land in the Philippines? The RVM Case Explained

Learn how the Supreme Court's RVM ruling clarifies constitutional limits on religious corporations acquiring public land in the Philippines.

Reconveyance for Void Contracts: Imprescriptible Actions Under Article 1410

When a land transfer rests on a void or inexistent contract, an action for reconveyance does not prescribe, protecting rightful owners.

When Delay Defeats Title: Laches and Registered Land in Lorenzo v. Eustaquio

The Supreme Court ruled that laches can defeat registered land ownership, even when the original transfer was flawed. Learn the key rules.

Conditional Donations: Substantial Compliance and Donor Intent in Land Donations

Supreme Court clarifies that substantial compliance with a donation's primary purpose, not perfect performance, governs conditional land donations.

Missing Land Records Do Not Invalidate Decree: Supreme Court Ruling

The Supreme Court ruled that a land registration decree remains valid even when government records are missing, protecting landowners from administrative oversights.

Failure to State vs. Lack of Cause of Action: Key Distinctions in Philippine Property Cases

Learn the crucial difference between failure to state a cause of action and lack of cause of action, as clarified by the Supreme Court in Roa v. Sy.

Property Ownership and Possession: Lessons from a Philippine Supreme Court Ruling

A Philippine Supreme Court ruling clarifies ownership, possession, and the role of tax declarations in property disputes.

Can Laches Bar a Registered Owner’s Right to Recover Property in the Philippines?

The Supreme Court rules that laches cannot defeat a registered owner’s right to recover property under the Torrens system.

Consumer Refunds for Defective Products in the Philippines: What the Law Says

Learn when you can demand a refund or replacement for defective products under the Consumer Act and the Mazda v. Caruncho ruling.

One-Year Prescription Period for Insurance Claims: The Alpha Plus Ruling

Learn how the Supreme Court's Alpha Plus ruling clarifies the one-year prescription period for insurance claims and why timing matters.

SALN Violations and Perjury: Prescriptive Periods Explained

Learn the prescriptive periods for SALN violations and perjury in the Philippines, based on the Supreme Court's ruling in the Germar case.

Mortgage Foreclosure and Prescription in the Philippines: Key Lessons from a Landmark Case

Learn how prescription periods affect mortgage foreclosure in the Philippines, based on the Supreme Court's ruling in Active Wood Products v. State Investment House.

Prescription Period for Oral Contracts: What Creditors and Debtors Must Know

The Supreme Court clarifies the six-year prescription period for oral contracts and why timely action is critical for creditors and debtors.

Estoppel by Laches and Government Reversion Claims: The Sundiam Ruling

When can the government be barred from recovering public land? The Supreme Court's Sundiam ruling clarifies estoppel by laches and innocent purchasers for value.

Laches in Philippine Law: How Delay Can Bar Your Legal Claims

Learn how the doctrine of laches can bar legal claims in the Philippines, even before the prescriptive period expires, through the Supreme Court's ruling in Ang v. Abaldonado.

Ante-Nuptial Agreements and Property Waivers: The Delgado v. GQ Realty Case

The Supreme Court's ruling in Delgado v. GQ Realty clarifies how ante-nuptial agreements can waive property rights, even for assets registered under a spouse's family corporation.