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 29 articles for unlawful detainer

Foreign Land Ownership Ban Upheld: Supreme Court Voids Dummy Arrangements

The Supreme Court voids a German citizen's dummy land purchase, reaffirming the constitutional ban on foreign land ownership in the Philippines.

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.

Spousal Consent in Property Leases: What the Supreme Court Ruling Means

Philippine Supreme Court clarifies that leases of common property without written spousal consent are void. Learn the rules and practical safeguards.

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.

Forcible Entry vs. Unlawful Detainer: A Philippine Property Owner’s Guide

Learn the difference between forcible entry and unlawful detainer in Philippine ejectment cases, and how the Supreme Court clarified the rules in a recent ruling.

Unlawful Detainer vs. Accion Reivindicatoria: Key Differences in Philippine Property Law

Learn the difference between unlawful detainer and accion reivindicatoria in Philippine property law, and when each legal action applies.

Proving Tolerance in Unlawful Detainer: A Landmark Lesson from the Supreme Court

The Supreme Court clarifies the burden of proving tolerance in unlawful detainer cases. Learn the key evidence rules for ejectment disputes.

Execution Pending Appeal in Ejectment Cases: Immediate Judgment Enforcement in the Philippines

Learn how execution pending appeal works in Philippine ejectment cases, including the mandatory rule and key Supreme Court rulings.

Boundary Disputes Cannot Be Settled by Forcible Entry: The Proper Remedy Is Accion Reivindicatoria

Boundary disputes that question ownership cannot be resolved through forcible entry; the Supreme Court requires an accion reivindicatoria instead.

Unlawful Detainer: Proving Prior Tolerance to Win an Ejectment Case

Learn the four requisites of unlawful detainer and why proving prior tolerance is key to winning an ejectment case in the Philippines.

Torrens Title vs. Possession: When a Registered Owner Prevails in Land Disputes

The Supreme Court clarifies when a Torrens title prevails over possession claims in accion publiciana cases, reaffirming the indefeasibility of registered land titles.

Unlawful Detainer vs. Accion Publiciana: Key Distinctions in Philippine Ejectment Cases

Learn the key differences between unlawful detainer and accion publiciana, and why filing the wrong action can get your case dismissed.

Third-Party Claims in Property Execution: PSALM v. Maunlad Homes Explained

Learn how Philippine law protects third-party property owners from wrongful levy during judgment execution, based on PSALM v. Maunlad Homes.

Ejectment Cases: Proving Tolerance and Co-Ownership Rights in Unlawful Detainer

Understand when unlawful detainer fails: proving tolerance, co-ownership rights, and the Quijano v. Amante ruling on possession.

Can One Co-Owner File an Ejectment Case Alone? Yes, Says the Supreme Court

A co-owner can file an ejectment suit without joining other co-owners, as ruled in Catedrilla v. Lauron. Learn the rules.

Injunctions in Ejectment Cases: Balancing Property Rights and Public Service

When can an ejectment judgment be stayed? City of Naga v. Asuncion shows how courts balance property rights against disruption of public services.

Ejectment Case Jurisdiction in the Philippines: MTC vs RTC After Bejar v. Caluag

Filing an ejectment case in the wrong court risks dismissal. Learn how Bejar v. Caluag clarifies MTC vs RTC jurisdiction.

Unprobated Wills and Ejectment: Why Probate Is Required Before Claiming Property Rights in the Philippines

An unprobated will has no legal effect in Philippine courts. Learn why probate is mandatory before asserting inheritance rights in property disputes.

Lease Renewal in the Philippines: What "Upon Agreement" Really Means

A lease "renewable upon agreement" requires mutual consent—no automatic renewal. Learn the rules from Josefa v. San Buenaventura.

Can One Co-Owner File an Ejectment Case in the Philippines? Yes, Under Article 487

A single co-owner can file an ejectment suit without the others. The Supreme Court explains how Article 487 of the Civil Code works.

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.

Sublease Rent Claims: Why Lessors Must Sue the Lessee First

Philippine Supreme Court ruling clarifies that lessors cannot directly sue sublessees for unpaid rent without first obtaining judgment against the lessee.

Judicial Accountability in Unlawful Detainer Cases: The Montemayor Ruling

A Supreme Court ruling on a judge's delay in an ejectment case underscores the strict timelines and impartiality required of Philippine courts.

Forcible Entry in the Philippines: Proving Prior Possession and Unlawful Deprivation

Understand the requirements for forcible entry cases in the Philippines, including prior possession and unlawful deprivation, based on the Ong v. Parel ruling.