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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Writ of Possession Is Ministerial Duty Despite Pending Mortgage Disputes
Philippine Supreme Court ruling on why courts must issue writs of possession in foreclosure sales even when the mortgage validity is being challenged.
Brokers Commission Rights When Can a Seller Evade Payment After a Sale
Can a seller evade paying a broker's commission after a sale closes? This case explains when fees remain due.
Deed of Sale Valid Despite Misstated Price and Co-Ownership Limits
A deed of sale with a lower stated price remains binding; selling a portion of co-owned land transfers only the seller's ideal share.
Real Property Sale Obligations: Who Pays Registration and Capital Gains Tax
Philippine Supreme Court ruling on vendor obligations for registration expenses, eviction of occupants, and capital gains tax in property sales.
Who Pays Capital Gains Tax and Sale Registration Costs in Philippine Property Deals
Philippine Supreme Court clarifies who bears capital gains tax and registration expenses in property sales, distinguishing obligations of individual and corporate sellers.
Perfected Sales vs. Recovery of Property: Understanding Real Actions in Philippine Law
When is a suit for specific performance actually a real action for recovery of property? The Supreme Court clarifies in Jimenez v. Jordana.
When Real Estate Disputes Belong in Regular Courts, Not HLURB
The Supreme Court clarifies when a lot sale dispute falls under regular court jurisdiction rather than HLURB's exclusive authority.
Upholding Compromise Agreements, HLURB Jurisdiction, and Contractual Obligations in Property Sales
A Supreme Court ruling clarifies when the HLURB has jurisdiction over property disputes and affirms that compromise agreements bind parties unless vitiated or void.
Perfecting Contracts: Consent and the Statute of Frauds in Share Sales
A Supreme Court ruling explains when letters become a binding share sale contract and what the Statute of Frauds requires.
Defining Real Estate Jurisdiction When IS A Sale A Subdivision Under Hlurb Authority
Conjugal Property Sale Without Spouse's Consent Is Void: Key Ruling
Supreme Court explains when a sale of conjugal property without the other spouse's consent is void, and why a mere option to buy is not enforceable.
When Payment Defaults Threaten Property Rights: Understanding Rescission in Real Estate Sales
A buyer's failure to pay the full purchase price can lead to contract rescission, even after years of partial payments. Learn the rules.
Contract of Sale vs Contract to Sell: Clarifying Obligations in Property Transactions
Philippine Supreme Court clarifies distinctions between contract of sale and contract to sell, and their impact on property rights and obligations.
Perfected Sale vs Mortgage: When a Seller's Breach Doesn't Void a Sale
Philippine Supreme Court ruling on when a seller's breach doesn't void a perfected sale, distinguishing sale from mortgage.
Court Approval Required Prior Rights Prevail IN Estate Property Sales
Statute of Frauds and Verbal Sales of Real Property in the Philippines
Philippine Supreme Court explains when verbal agreements to sell real property may be enforceable despite the Statute of Frauds.
Upholding Notarized Contracts Overcoming Forgery Claims In Property Sales
Philippine Supreme Court ruling on notarized deeds, forgery claims, and expert testimony in property sales.
Trust Receipts Entrusters Right TO Deficiency Claim After Repossession AND Sale
Notarial Negligence and Lawyer Accountability: Serzo v. Flores on Falsified Deeds
The Supreme Court revoked a notary's commission and suspended him for two years after he notarized a deed of sale signed by a man who had already died.
Res Judicata and Forum Shopping in Partition Cases: When a Separate Nullity Suit Is Barred
A Supreme Court ruling explains why a separate action to nullify a deed of sale is barred by forum shopping when the same issue can be resolved in a pending partition case.
Protecting Marital Property: Understanding Consent Requirements in Real Estate Sales
The Supreme Court clarifies when spousal consent is required for real estate sales and the difference between contracts to sell and deeds of sale.
Equitable Mortgage Protecting Borrowers From Unfair Sale Agreements
Deficiency Judgments in Foreclosure: When a Lender Can Still Collect After the Auction
A Philippine Supreme Court ruling confirms that lenders may recover any shortfall after an extrajudicial foreclosure sale — the debtor remains liable for the unpaid balance.
Double Sale Doctrine: Prior Registration and Good Faith in Land Ownership Disputes
When two buyers claim the same land, who wins? The Supreme Court explains the double sale rule under Article 1544 and the crucial role of good faith and Torrens registration.