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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Warranty Against Eviction: Why Buyers Must Implead the Seller in Eviction Suits
Buyers who lose property to third-party claims must implead the seller in the eviction suit to enforce the warranty against eviction under Philippine law.
Conditional Contracts to Sell: When Buyers' Payment Hinges on Sellers' Prior Mortgage Release
Philippine Supreme Court clarifies that in a contract to sell, buyers need not pay until sellers secure mortgage release, and rescission under Article 1191 does not apply.
Breach of Contract Upholding Rescission Rights in Land Sales
When a buyer defaults on a land sale agreement, the seller may validly rescind. The Supreme Court explains the limits of a buyer's right to demand execution of a contract.
Sellers Beware: Ethical Duties When Assigning Property Rights You Don't Fully Own
A lawyer-seller assigned a townhouse he hadn't fully paid for. The Supreme Court suspended him for three years, reminding sellers of their ethical duties.
Upholding Notarized Deeds: Why Mere Denial Isnt Enough in Philippine Property Disputes
A Supreme Court ruling clarifies that a notarized deed of sale cannot be overturned by a seller's bare denial, explaining the burden of proof in property disputes.
When a Lawyer Represents Both Sides: Conflict of Interest and Disbarment
A lawyer who represented both buyer and seller in a property deal violated conflict-of-interest rules and was suspended for two years.
When Does the Clock Start? Prescription Periods for Hidden Contract Breaches in the Philippines
Philippine Supreme Court ruling clarifies when the prescriptive period begins for hidden breaches of contract, protecting buyers who rely on seller representations.
The Notary's Oath: Ensuring Document Authenticity and Preventing Legal Falsehoods
Why notarization demands personal appearance: lessons from a lawyer's suspension for notarizing a deed without the seller's presence.
Due Process and the Duties of Counsel: Lessons from Palanca v. Guides
A 2005 Supreme Court ruling shows how the negligence of a lawyer binds the client, and how accepting payments without protest can waive a seller's claims.
Unmasking Equitable Mortgages in the Philippines: A Guide for Property Buyers and Sellers
When is a deed of sale actually a loan? Learn how Philippine courts unmask equitable mortgages and protect property buyers and sellers.
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.
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 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.
When a Deed of Absolute Sale Governs: Ejectment, Ownership, and the Kasunduan
The Supreme Court clarifies how courts resolve ejectment cases when a seller claims the deed of sale was incomplete, and what the Kasunduan means.
Rescission Rights: When a Buyer's Failure to Pay Lets the Seller Cancel
A Supreme Court ruling explains when a seller may rescind a contract to sell, how installment payments are applied, and why a memorandum is not required for due process.
Privity of Contract in Sales: When a Buyer Is Not Liable to the Seller
Supreme Court explains privity of contract in sales—when a buyer who paid a middleman is not liable to the original seller.
When "As Is, Where Is" Does Not Shield a Seller: The NDC v. Madrigal Wan Hai Ruling
The Supreme Court clarifies that "as is, where is" sales only cover physical condition, not hidden legal liabilities like tax liens.
Breach of Trust and Estafa: Accountability in Jewelry Sales Agreements
When a jewelry seller fails to remit proceeds or return unsold items, criminal liability for estafa may arise despite payment agreements.
When a Buyer’s Conditional Offer to Pay Becomes a Breach: Lessons from Velarde v. Raymundo
A buyer who offers to pay only if new conditions are met may be in breach, entitling the seller to rescind the sale.
Disputes in Real Estate: Clarifying Intent in Land Sale Agreements
When buyers and sellers disagree on what land was sold, Philippine courts look to the parties' true intent, not just the written deed.
Specific Performance and the Obligation to Transfer Clear Title: Palon v. Brillante
In Palon v. Brillante, the Supreme Court held that a seller who receives full payment must not only deliver the land but also cause the issuance of the buyer's separate title.
Buyer Beware: Understanding Delivery Delays and Liabilities in Philippine Sales Contracts
Learn how Philippine courts treat conditional sales, court approval requirements, and seller liability when property sales face delays.
Breach of Express Warranty: Seller Liable for Unpaid Taxes Despite Transfer of Ownership
Philippine Supreme Court ruling: a vehicle seller's assurance that taxes were paid is an express warranty; breach makes seller liable for unpaid duties.