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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Co-Owner's Unauthorized Sale: When a Verbal Deal Binds Only the Seller's Share
Philippine Supreme Court clarifies when a co-owner's verbal sale of inherited property is valid and what buyers must prove about an agent's authority.
Stock Certificate Delivery: A Prerequisite for Valid Stock Transfer in the Philippines
Philippine Supreme Court ruling on why physical delivery of stock certificates is essential to transfer ownership and what it means for buyers and sellers.
Contract to Sell: Seller's Right to Rescind and Recover Property Ownership
When a buyer covertly transfers title before full payment in a contract to sell, the seller may rescind and recover ownership.
Proving Delivery and Payment in a Contract of Sale: Lessons from Asian Construction v. Mendoza
A seller need not attach invoices to a complaint, but must prove delivery. Learn the rules from a 2012 Supreme Court ruling.
Excise Tax on Petroleum: Who Bears the Burden When International Carriers Are Involved
The Supreme Court rules oil companies cannot claim refunds for excise taxes on petroleum sold to international carriers—the exemption belongs to the buyers, not sellers.
Bank Not Liable for Employee's Promise to Seller: Relativity of Contracts in Loan Proceeds Release
Supreme Court rules bank not subsidiarily liable for employee's alleged promise to pay seller directly from loan proceeds, citing relativity of contracts.
Bank Not Subsidiarily Liable for Loan Proceeds Released to Borrower
Supreme Court rules banks are not automatically liable when loan proceeds go to a borrower instead of a third-party seller.
Conjugal Property Sale Without Spousal Consent Is Void, Not Just Voidable
A sale of conjugal property without the other spouse's written consent is void under the Family Code. Buyers must verify the seller's authority to sell.
HLURB Jurisdiction: Protecting Subdivision Lot Buyers' Right to Title Delivery
Supreme Court affirms HLURB jurisdiction over subdivision lot buyers' claims for title delivery against developers, protecting purchasers from unscrupulous sellers.
Forfeiture of Downpayment: When a Buyer's Stop Payment Is Justified
Supreme Court ruling on when sellers cannot forfeit a buyer's downpayment due to adverse claims on property title.
Contract to Sell Default: When Sellers Can Cancel and Keep the Property Off the Market
Philippine Supreme Court ruling on when a buyer's failure to pay installments in a contract to sell justifies cancellation by the seller.
Void Sale of City-Owned Market Stall: Refund of Price Under Article 1412
When a sale is void because the seller lacked authority to sell city property, the buyer may still recover the price paid under Article 1412.
Contract to Sell: Buyer's Failure to Pay Nullifies Seller's Obligation to Convey Title
Philippine Supreme Court clarifies that in a contract to sell, buyer's failure to pay the full price prevents the seller's obligation to convey title from arising.
In Land Sales, Survey Duty Prevails Over Payment Deadlines
Philippine Supreme Court ruling on when a seller must survey land before demanding payment, and when rescission is improper.
Good Faith in Profit-Sharing Agreements: Lessons from Silverio v. Almeda
When a land sale includes a profit-sharing clause, the seller must act in good faith and disclose all resale details to the buyer.
Estoppel in Land Sales: Upholding Agreements Despite Lack of Written Authority
Philippine Supreme Court rules on estoppel in land sales where an agent lacked written authority, protecting buyers who relied on the seller's silence.
Perfected Contract to Sell vs Cancellation for Default: Lessons from Traders Royal Bank v. Cuison
When is a contract to sell perfected, and when can a seller cancel it for default? The Supreme Court clarifies in Traders Royal Bank v. Cuison.
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.
Conditional Sale Buyers' Rights and Sellers' Obligations After Partial Payment
Philippine Supreme Court clarifies buyer and seller rights in contracts to sell, including when a buyer can demand a deed of absolute sale.
Breach of Trust Estafa Conviction for Misappropriated Purchase Orders
Supreme Court affirms estafa conviction when a seller used purchase order cards for personal benefit instead of remitting proceeds to the owner.
Breach OF Contract Sellers Delay Entitles Buyer TO Refund
Contract to Sell vs Contract of Sale: Key Differences and Buyer Protections in Philippine Real Estate
Philippine Supreme Court clarifies the distinction between a contract to sell and a contract of sale, and what it means for buyers and sellers.
Lost Deals: Why a Vague "Yes" Isn't Enough to Seal a Property Sale in the Philippines
A buyer's "conforme" to a seller's price without agreeing on payment terms is only a counter-offer. Learn from Villanueva v. PNB.
Rescission Rights in Pacto de Retro Sales: When Can a Seller Reclaim Property
Philippine Supreme Court clarifies when a seller can rescind a pacto de retro sale and reclaim property from a defaulting buyer.