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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Hlurb Jurisdiction VS Criminal Prosecution Protecting Subdivision Buyers
Sellers Obligation Delivering Titles Despite Encumbrances IN Philippine Property LAW
Philippine Supreme Court ruling on subdivision sellers' duty to deliver clean titles despite encumbrances, and buyer remedies.
Mortgagee's Duty to Verify Buyers Under PD 957: DBP v. Capulong
Philippine Supreme Court clarifies that banks financing real estate projects must verify subdivision lot buyers before foreclosing mortgaged properties under PD 957.
Redemption Rights When A Sale Disguises A Loan Equity Prevails
When a bank finances a subdivision project, it cannot ignore buyers who already paid for lots. The Supreme Court explains why.
Final Judgments and Set-Off Claims: Manila Banking Corp. v. Rabina
Supreme Court ruling on final judgments, set-off claims, and HLURB jurisdiction over subdivision mortgage disputes.
When Courts, Not HLURB, Decide Contract Disputes: Cadimas v. Carrion
The Supreme Court clarifies that not every subdivision property dispute falls under HLURB jurisdiction—ordinary contract breaches belong in regular courts.
Mortgage Foreclosure: Know Your Rights as a Subdivision Buyer
Learn when declaratory relief works for subdivision buyers facing mortgage foreclosure, and when it doesn't, from a 2008 Supreme Court ruling.
Liability FOR Negligence When Subdivision Associations Fail TO Prevent Property Encroachments
Protecting Subdivision Buyers THE Right TO Suspend Payments FOR Uncompleted Developments
Developer's Duty to Maintain Subdivision Streetlights Until Turnover
Philippine Supreme Court clarifies developer obligations for subdivision streetlight maintenance and electricity costs until turnover to local government.
HLURB Jurisdiction Limits: When Buyers Must Sue in Regular Courts
Supreme Court clarifies HLURB jurisdiction over refund and contract disputes, requiring subdivision lot allegations for agency jurisdiction.
Hlurb Jurisdiction Disputes Must Involve Registered Subdivisions FOR Hlurb Adjudication
Substituted Service of Summons: When a Security Guard Can Validly Receive It
Philippine Supreme Court rules on substituted service of summons through a subdivision security guard and its effect on court jurisdiction.
Protecting Subdivision Buyers: Contracts to Sell Must Be Registered
Philippine Supreme Court ruling clarifies that subdivision developers must register contracts to sell with the Register of Deeds under P.D. 957.
Barangay vs. Homeowners: Who Administers a Multi-Purpose Hall?
The Supreme Court clarifies the division of authority between barangays and homeowners' associations over government-funded facilities in subdivisions.
Easement of Right of Way: Balancing Access and Property Rights in Subdivision Developments
Philippine Supreme Court clarifies temporary easement rules for subdivision access, distinguishing preliminary injunctions from permanent rights of way.
Philippine Supreme Court Upholds Buyer Rights Subdivision Developer Must Fulfill Obligations Despite Payment S
Buyers may suspend installment payments when a subdivision developer fails to deliver promised improvements, the Supreme Court ruled in Tamayo v. Huang.
Protecting Subdivision Lot Buyers: The Developer's Duty to Develop Under PD 957
Learn how the Supreme Court protects subdivision lot buyers, requiring developers to provide facilities and pay fair market value for breach.
Homeowner Rights vs Developer Authority Clarifying Subdivision Regulations in the Philippines
The Supreme Court clarifies when a homeowner's Torrens title can be subdivided, and a bank's liability for releasing a mortgaged owner's duplicate certificate.
Defining Real Estate Jurisdiction When IS A Sale A Subdivision Under Hlurb Authority
Homeowners' Open Space Claims vs Subdivision Rules: When Laws Apply Retroactively
Supreme Court ruling on whether P.D. 957's open space requirement applies retroactively to subdivisions approved before 1976.
Protecting Subdivision Lot Buyers: The Need for HLURB Approval in Mortgage Agreements
A Supreme Court ruling explains why a developer's mortgage over subdivision lots is void without HLURB approval, and what this means for lot buyers and banks.
HLURB Jurisdiction vs Unlawful Detainer: Defining the Boundaries in Property Disputes
The Supreme Court clarifies when the HLURB has jurisdiction over subdivision lot disputes and when ejectment cases belong in regular courts.
HLURB vs SEC Jurisdiction in Subdivision Disputes: Protecting Homeowners' Rights
When a subdivision developer is under receivership, which agency—HLURB or SEC—hears homeowners' complaints? The Supreme Court settles the jurisdictional question.