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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When a Sale-Leaseback Is Really a Loan: Cebu Contractors Consortium v. Court of Appeals
The Supreme Court ruled that a sale-leaseback arrangement was actually an equitable mortgage, not a true financing lease, and ordered the contract reformed.
Sale and Leaseback as Disguised Loan: When Financial Leasing Is an Equitable Mortgage
Philippine Supreme Court clarifies when a sale and leaseback is a disguised loan secured by chattel mortgage, not a true financial lease.
Co-Ownership Rights and Undivided Interests in Property Sales: A Philippine Legal Guide
Learn how Philippine courts protect co-owners' undivided interests in property sales, with key rules on ejectment and jurisdiction.
Perfected Land Sale vs. Subsequent Buyers: Good Faith and Notice in Property Disputes
A Supreme Court ruling shows how a perfected and partly consummated land sale defeats later buyers who had notice of a prior adverse claim.
Perfecting a Sale vs. Transfer of Ownership: Forged Documents and Land Disputes
Philippine Supreme Court clarifies when ownership transfers in a sale, and why forged documents cannot defeat a registered owner's title.
Foreclosure Validity Republication Requirement In Rescheduled Auction Sales
When a foreclosure auction is postponed, the notice must be republished. Learn the rule from DBP v. Emerald Resort Hotel Corporation.
Corporate Officers' Apparent Authority and Breach of Warranties in Stock Sales
Philippine Supreme Court ruling on corporate president's apparent authority to bind company and breach of warranty claims in stock purchase agreements.
Banks' Due Diligence in Foreclosure Sales and Rights of Land Reform Beneficiaries
A bank that forecloses on land without ocular inspection cannot eject land reform beneficiaries, as the Supreme Court ruled in Rural Bank of Sta. Ignacia v. Dimatulac.
Contract to Sell vs Contract of Sale: Understanding Conditions and Obligations
Learn the key differences between a contract to sell and a contract of sale under Philippine law, including when ownership transfers and what obligations arise.
Challenging Drug Busts: Establishing Guilt Beyond Reasonable Doubt in Illegal Drug Sales
A Supreme Court ruling on warrantless searches in drug cases and the prosecution's burden to prove guilt beyond reasonable doubt.
Writ of Possession in Foreclosure: What Third-Party Claimants Must Know
Learn how the Supreme Court ruled on writs of possession in foreclosure sales and what third-party claimants must do to protect their rights.
Lawyer Suspended for Falsifying Documents and Fraudulent Land Sale
Supreme Court suspends lawyer for five years for forging a special power of attorney to sell clients' land without consent.
Breach of Contract: When a Separate Land Title Is a Condition Precedent to Payment
Philippine Supreme Court ruling on when failure to deliver a separate land title justifies a buyer's refusal to pay the balance under a contract of sale.
Tax Delinquency and Public Auction: When a Tax Sale of Land Is Invalid
Philippine Supreme Court ruling on when a tax delinquency auction sale of real property is invalid and what documents prove a valid tax sale.
Foreclosure Sales: Strict Compliance With Publication Requirements
When a postponed foreclosure sale proceeds without republication of notice, the sale is void. Learn the rules from Ouano v. Court of Appeals.
Conditional Sales OF Real Estate Reinstatement Rights Under R A 6552
Foreclosure Sales: Filing an Appeal Does Not Stop a Writ of Possession
Philippine Supreme Court clarifies that an appeal against a writ of possession in extrajudicial foreclosures does not stay its implementation.
Priority OF Liens When A Prior Attachment Beats A Subsequent Sale IN Property Disputes
Misrepresentation and Estafa: When Silence Isn't Golden in Property Sales
Philippine Supreme Court ruling on estafa under Article 316(2) RPC, the need for express misrepresentation, and civil liability for bad faith sales.
When Is a Deed of Sale Actually a Mortgage: Lessons from Molina v. Flores
The Supreme Court explains when a deed of absolute sale may be presumed an equitable mortgage under Article 1602 of the Civil Code.
When a Sale Is Not an Equitable Mortgage: Lessons from Molina v. Flores
The Supreme Court explains when a deed of sale is a true sale and not an equitable mortgage, and why courts respect written contracts.
Entrapment vs Instigation: Safeguarding Rights in Drug Sale Apprehensions
Understanding the Supreme Court's distinction between entrapment and instigation in drug cases, and why it matters for protecting accused persons' rights.
Co-Ownership and Unauthorized Sales: Property Rights Under Article 493
A co-owner may sell only their own share. Learn how the Supreme Court protected heirs' rights in Coronel v. Constantino.
Agency and Real Estate Sales: The Necessity of Written Authority
Philippine Supreme Court ruling on why an agent's authority to sell land must be in writing, or the sale is void.