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 38 articles for public use

Inverse Condemnation and Provisional Compensation: What RA 10752 Means for Landowners

The Supreme Court clarifies that RA 10752 governs provisional compensation in inverse condemnation cases filed after its effectivity, even if the taking occurred earlier.

Easements and Eminent Domain in the Philippines: MMDA’s Limits After Diamond Motor

The Supreme Court limits MMDA’s power to impose easements, balancing flood control with private property rights and just compensation.

Timely Filing of Just Compensation Claims Under Philippine Agrarian Law

Learn the 10-year prescriptive period for filing just compensation claims with the Special Agrarian Courts under Philippine agrarian reform law.

When Can a Writ of Possession Be Challenged? Supreme Court Clarifies

The Supreme Court nullified a writ of possession in an NGCP expropriation case, ruling that trial courts must first determine the expropriator's authority before issuing the writ.

Expropriation and Just Compensation: Understanding Legal Interest in Philippine Law

The Supreme Court clarifies the legal interest rates landowners can claim when the government delays payment of just compensation in expropriation cases.

Just Compensation in Agrarian Reform: When Courts Can Depart from DAR Formulas

Explains the Supreme Court ruling on just compensation in agrarian reform, when courts may deviate from DAR valuation formulas, and why evidence matters.

Land Registration in the Philippines: Understanding Alienable and Disposable Land

Learn how RA 11573 changed proof requirements for registering alienable and disposable land in the Philippines, explained through a recent Supreme Court ruling.

Expropriation Due Process: What Property Owners Must Prove

A Supreme Court ruling on Olongapo expropriation clarifies the requisites for valid taking, the need for genuine negotiation, and the right to a full hearing on defenses.

Expropriation Voided: Olongapo's Failure to Make a Valid Offer and Grant Due Process

Supreme Court voids Olongapo's expropriation of Jose Co Lee's property for lack of a valid offer and due process, reaffirming safeguards for property owners.

Just Compensation in Expropriation: Lessons from the NGCP v. Gaite Ruling

The Supreme Court clarifies how courts determine just compensation in eminent domain cases, emphasizing verifiable data over speculative land reclassifications.

Foreshore Occupancy Without Permit: Water Code Violation Upheld

The Supreme Court affirms that occupying foreshore land without a permit violates the Water Code, regardless of pending applications.

Power Lines and Public Lands: Supreme Court Clarifies Easements and Just Compensation

The Supreme Court ruled that power lines fall under "similar works" in the Public Land Act, allowing easements on free patent lands with compensation rules.

Cable TV Franchise Tax: What the New Vision Ruling Means for Operators

The Supreme Court ruled that NTC-issued certificates of authority are administrative franchises subject to local franchise tax under the Local Government Code.

Easements vs. Taking: Just Compensation for Transmission Line Expropriation

When does an easement of right of way become a taking requiring full just compensation? The Supreme Court clarifies in this landmark case.

Navigating Tax Exemptions: The Legal Status of Government Instrumentalities in the Philippines

The Supreme Court clarifies when government instrumentalities like the LRTA are exempt from real property tax under the Local Government Code.

Strict Compliance Required for Expropriation of Private Lands for Socialized Housing

Local governments must strictly follow RA 7279 and the LGC before expropriating private land for socialized housing; failure voids the taking.

Road Lots and HLURB Jurisdiction: What Subdivision Owners Must Know

The Supreme Court clarifies HLURB jurisdiction over subdivision road lots, public access rights, and the need to exhaust administrative remedies.

Regalian Doctrine and Land Registration: Proving Alienable and Disposable Land

Learn how the Regalian doctrine affects land registration in the Philippines, and why applicants must prove land is alienable and disposable.

Free Patent Land and Road Projects: When the Government Must Pay Just Compensation

The Supreme Court clarifies when the government must pay just compensation for right-of-way easements over free patent lands under the Public Land Act.

Private Roads and Public Use: When a Local Ordinance Cannot Convert Private Property

A local ordinance cannot convert a private road into public property without donation, purchase, or expropriation. The Supreme Court explains.

Public Use Prevails Over Private Claims in Road Right-of-Way Dispute

Supreme Court rules that road rights-of-way are public dominion property, and private claimants cannot demand just compensation for land never validly acquired.

Eminent Domain and Just Compensation: Valuing Property at the Time of Taking

Explaining the Supreme Court ruling that just compensation for expropriated property is valued at the time of taking, not when the complaint is filed.

PEZA Tax Exemption: Instrumentality of National Government and Real Property Tax

Supreme Court rules PEZA is exempt from real property tax as an instrumentality of the national government, clarifying local taxing limits.

Public Space vs Private Gain: When Loan Agreements Undermine Public Land Rights

Supreme Court rules loans secured by public plaza are void; public dominion property cannot be collateralized for commercial ventures.