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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Conjugal Property Transfers After the Family Code: When a Spouse's Consent Is Required
The Supreme Court clarifies when a spouse's sale of conjugal property without consent is void or voidable, and the prescriptive period for challenging it.
When a Notarized Deed of Sale Fails: Consent Is Key in Philippine Property Transfers
A notarized deed does not guarantee a valid sale. The Supreme Court explains why genuine consent is essential in property transactions.
Understanding Fraudulent Property Transfers, Implied Trusts, and Good Faith Buyers in Philippine Law
The Supreme Court explains when a fraudulent property transfer creates an implied trust and when buyers in good faith are protected under Philippine law.
Lawyer Client Trust: Fiduciary Duties and Misconduct in Property Transactions
When a lawyer fails to account for client funds in a property transfer, the Supreme Court explains the fiduciary duty and consequences.
Donation Validity and Notarization: What Patenia v. Patenia Means for Property Transfers
The Supreme Court clarifies when defective notarization invalidates a donation of immovable property, and when it does not.
Simulated Contracts: When Property Transfers Are Void in the Philippines
The Supreme Court explains when a simulated contract is void, not merely rescissible, using a P50-million property assignment case.
Due Process and Co-Ownership Rights in Non-Profit Organizations and Corporate Asset Transfers
Supreme Court ruling on void mortgages over deceased co-owner's share, good faith purchasers, and co-ownership rights in property transfers.
Sale vs Donation: How Courts Determine the True Intent Behind Property Transfers
Philippine Supreme Court explains how to distinguish a simulated donation from a real sale, and why building a house on another's land does not create co-ownership.
Dacion en Pago vs. Equitable Mortgage: Lessons from Villarta v. Talavera
The Supreme Court clarifies when a property transfer is a valid dacion en pago, not an equitable mortgage, in Villarta v. Talavera.
When a Notary Lacks Authority: How Defective Notarization Can Void Property Transfers
Philippine Supreme Court ruling on defective notarization, judicial partition, and why notarized documents require a validly commissioned notary public.
Mergers and Documentary Stamp Tax: Clarifying Tax Exemptions for Corporate Restructuring
Supreme Court clarifies that real property transfers pursuant to a merger are not subject to documentary stamp tax under the NIRC.
Mergers and Documentary Stamp Tax: Clarifying Tax Obligations in Corporate Restructuring
The Supreme Court clarifies when documentary stamp tax applies to property transfers in corporate mergers under the National Internal Revenue Code.
Lease Agreements and Inheritance: What Tenants Should Know About Property Transfers
A lessee's occupancy does not create a vested right to buy property. Learn the limits of tenant rights when ownership changes.
Attachment Liens Priority Rights AND Protection IN Property Disputes
Learn how prior attachment liens survive property transfers and title cancellations, and why courts must preserve these encumbrances.
Onerous Donations Contract Law vs Gratuitous Intent in Property Transfers
When a donation carries a burden, contract rules apply. Learn how Philippine law treats onerous donations and revocation for ingratitude.
Mortgage Rights vs Property Transfer: Foreclosure Options for Second Mortgagees
When a mortgaged property is sold to the first mortgagee, can the second mortgagee still foreclose? The Supreme Court explains the limits.
Donation vs Devise: How Philippine Courts Distinguish Property Transfers
Philippine Supreme Court explains how to tell a donation inter vivos from a devise, and why the distinction decides who owns the property.
Court Personnel and Property Transfers: When "Facilitation" Becomes Dishonesty
A court stenographer's dismissal for accepting money to process land titles shows why court personnel must avoid moonlighting in property transactions.
When an Affidavit of Quitclaim Isn't Enough: Donation Requirements in Property Transfers
A quitclaim affidavit transferring real property may be treated as a donation. Learn the formal requirements to make it valid under Philippine law.
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.
Property Transfers in Common-Law Relationships: Navigating Legal Restrictions
Philippine Supreme Court ruling on property transfers to common-law spouses, void sales, and conjugal property rules explained.
Fraud Voids Donations: Protecting Consent in Property Transfers
Philippine Supreme Court ruling on how fraud and misrepresentation invalidate donations, protecting illiterate donors' consent in property transfers.
Future Inheritance vs Present Rights: Resolving Property Disputes Among Heirs
Philippine Supreme Court ruling on partition inter vivos, future inheritance, and validity of property transfers among heirs.
Void Donations: Absence of Public Instrument Nullifies Property Transfer Despite Intent
Philippine Supreme Court ruling on void oral donations of immovable property and the formal requirements under Article 749 of the Civil Code.