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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Sheriffs Must Execute Court Orders Promptly: Lessons from an Administrative Case
A sheriff's delay in issuing a certificate of sale led to administrative liability. Learn the duty of sheriffs in executing judgments.
Sheriffs Must Execute Writs Promptly: Lessons from Dacdac v. Ramos
A sheriff's four-year delay in issuing a certificate of sale drew administrative liability. Learn the rules on execution of judgments.
Local Taxing Powers vs National Policy: Navotas Cannot Tax Petroleum Sales
Supreme Court rules local governments cannot impose business taxes on petroleum products under (h) of the Local Government Code.
Writ of Possession After Foreclosure: What Buyers at Auction Must Know
The Supreme Court clarifies that a writ of possession issues as a matter of right to a foreclosure sale purchaser, even if the mortgagor files an annulment case.
Marital Consent Is Key: Spousal Rights in Property Sales Under Article 124
Supreme Court voids a husband's sale of conjugal property without his wife's consent, explaining Article 124 of the Family Code.
Co-Ownership Rights: Limits on Selling and Legal Redemption of Shares
A co-owner can sell only their own share, not the whole property. Learn the limits of sale and legal redemption rights under Philippine law.
Public Funds, Private Gain: Unpacking the Unconstitutional Levy on Fertilizer Sales
The Supreme Court struck down a fertilizer levy that funneled public funds to a private company, reaffirming that taxes must serve a public purpose.
Upholding Contractual Obligations: The Binding Force of Agreed Interest Rates in Credit Transactions
Supreme Court ruling on agreed interest rates in credit sales, party autonomy, and limits on unconscionable charges.
Oral Sales and Unlawful Detainer: Resolving Property Disputes in the Philippines
The Supreme Court clarifies when an oral sale of real property defeats an unlawful detainer suit, and when it does not.
Enforcement OF Estate Obligations Probate Courts Power TO Execute Sales Agreements
Timeshare Contracts and SEC Registration: What Buyers Should Know
Supreme Court clarifies that unregistered timeshare sales violate the Securities Act, and buyers may rescind such contracts.
Equitable Mortgage vs Sale With Right of Repurchase: How Courts Classify Real Estate Deals
Philippine Supreme Court clarifies when a sale with option to repurchase is an equitable mortgage, and how to rebut the legal presumption.
Equitable Mortgage vs Sale With Right to Repurchase: Price and Intent
When is a "sale with right to repurchase" really an equitable mortgage? The Supreme Court explains the role of price adequacy and intent.
Perfecting a Contract of Sale: Price and Payment Terms in Real Estate Transactions
Learn how Philippine courts treat price and payment terms in contracts of sale, and what makes a sale perfected and binding.
The Boundaries of Buy-Bust Operations: Safeguarding Rights in Drug Sale Convictions
The Supreme Court clarifies the rules on buy-bust operations, evidence, and penalties in illegal drug sale cases under Philippine law.
Perfected Sale vs Contract to Sell: Distinguishing Ownership Transfer in Philippine Law
Philippine Supreme Court clarifies the difference between a contract of sale and a contract to sell, and when ownership actually transfers to the buyer.
Proving Illegal Sale of Shabu: The Role of Informants and Buy-Bust Operations
A Supreme Court ruling explains what prosecutors must prove in illegal drug sales cases and when an informant's testimony is dispensable.
Unjust Enrichment in Foreclosure: A Mortgagee's Duty to Return Excess Proceeds
The Supreme Court ruled that a bank must return surplus proceeds from an extrajudicial foreclosure sale and cannot unilaterally apply them to unsecured debts.
Unregistered Land Sale Loses To Registered Levy Protecting Third Party Rights
Learn how buying unregistered land during litigation can bind buyers to court rulings, and why registered levies protect third-party rights.
Untimely Appeal Dooms Land Dispute: Finality of Judgments and Prior Registered Liens
The Court explains when a missed appeal is fatal, why judgments must become final, and how a registered execution levy beats an unregistered sale.
Genuine Sale vs Equitable Mortgage: When a Deed of Sale Stands in Land Disputes
The Supreme Court clarifies when a deed of sale is genuine and not an equitable mortgage, and how buyers in good faith are protected in land disputes.
Writ of Possession Annulment Case Does NOT Halt Ex Parte Issuance
The Supreme Court affirms that a pending annulment of foreclosure sale does not stop the ex parte issuance of a writ of possession.
Equitable Mortgage vs Absolute Sale: Intent and Prescription in Property Disputes
Supreme Court clarifies when a sale is an equitable mortgage and why fraud claims can prescribe. Learn the rules.
FAX Transmissions Are Not Electronic Evidence: MCC Industrial Sales v. Ssangyong
The Supreme Court clarifies that ordinary fax transmissions are not electronic evidence under R.A. 8792, but photocopies may still be admitted under the Rules of Court.