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 121 of 21 articles for succession

Starting a Business in the Philippines with a Foreign Partner: Legal Structures and Ownership Rules

A practical guide to foreign ownership rules, business structures, and registration steps for Filipino-foreign ventures in the Philippines.

Double Sale in the Philippines: Good Faith and Due Diligence in Property Disputes

A buyer who fails to inspect the property before purchase cannot claim good faith in a double sale. The Supreme Court explains why.

Preterition in Philippine Wills: When Omitting a Compulsory Heir Invalidates Inheritance

Learn how preterition—omitting a compulsory heir—can annul a will's heir institution under Philippine law, with insights from Trinidad v. Trinidad.

When a Sale Among Heirs Can Be Voided: PD 27 and Simulated Land Transfers

Learn when a sale of agrarian reform land among heirs is void under PD 27, based on the Supreme Court's ruling in Dela Cruz v. Dumasig.

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.

Heirship in Property Disputes: Can Ordinary Civil Actions Decide Inheritance?

The Supreme Court clarifies when heirship can be resolved in an ordinary civil action, not just special proceedings, for property disputes.

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.

Holdover Appointments and Compulsory Retirement: Key Lessons from Atty. Montenegro v. COA

Learn how the Supreme Court ruled on salaries for public servants who continue working past compulsory retirement without CSC approval.

New Mayor’s Power to Withdraw Predecessor’s Motion: Berces v. CSC

Can a new mayor withdraw an administrative appeal filed by a predecessor? The Supreme Court clarifies succession, finality, and misconduct rules.

Co-Ownership and Property Rights in the Philippines: The Racho Case on Consent

The Supreme Court clarifies when co-owners may sell inherited property and why consent of all heirs is required before partition.

Prior Sale Beats Inheritance: Supreme Court on Land Ownership Disputes

When a valid sale predates an inheritance claim, the buyer owns the land. The Supreme Court explains why Article 1544 on double sales does not apply.

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.

Foreign Land Ownership: No Reimbursement for Unconstitutional Purchases

A foreigner who knowingly violates the constitutional ban on land ownership cannot recover the purchase price, even under equity or unjust enrichment claims.

Future Inheritance Contracts Are Void: Arrogante v. Deliarte Explained

Philippine Supreme Court ruling on void contracts over future inheritance, and the exceptions that can save family property arrangements.

When Can a Co-Owner File an Ejectment Suit in the Philippines? The Adlawan Rule

Philippine law lets a co-owner file ejectment, but only for the benefit of all co-owners—not for sole personal gain. Here's what Adlawan v. Adlawan teaches.

Partition Inter Vivos and Torrens Title Protection: Lessons from Zaragoza v. Morgan

Philippine law allows property owners to partition estates during their lifetime, but only if legitimes are respected and titles are challenged directly.

Modal Institutions in Philippine Wills: Heirs' Obligations and the Rabadilla Ruling

Learn how modal institutions in Philippine wills impose enforceable obligations on heirs, based on the Supreme Court's ruling in Rabadilla v. Court of Appeals.

Can Foreigners Own Land in the Philippines? Donation vs. Inheritance Rules

Philippine law bars foreigners from owning land except by inheritance. Learn why a quitclaim deed to an American son failed as a donation.

Simulated Sales in Philippine Property Law: Intent, Foreign Ownership, and the Blanco v. Quasha Precedent

Learn how Philippine courts determine simulated sales, why intent matters, and the key lessons from Blanco v. Quasha on property transactions.

Home Lot Rights in Philippine Tenancy: Only the Tenant is Entitled

The Supreme Court clarifies that only the tenant, not family members, may claim a home lot under RA 1199, Section 22(3).

Vote Buying and Disqualification: Nolasco vs. COMELEC Explained

What happens when a winning candidate is disqualified for vote buying? The Nolasco case clarifies succession and election law.