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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Sheriff's Duty in Replevin: Due Process and the Five-Day Rule
A sheriff who delivers replevied property without waiting for court instructions commits simple misconduct, violating due process under Rule 60.
Untangling Transferees Relief From Judgment AND Timeliness IN Property Disputes
Philippine Supreme Court clarifies when a transferee pendente lite may file a petition for relief from judgment and the strict deadlines that apply.
Upholding Property Rights: Finality of Court Decisions and Easement Disputes
A court cannot create a right-of-way through an execution order that contradicts its final and executory decision dismissing the case.
Due Process and Property Rights in Housing Programs: Lessons from Espinocilla v. Bagong Tanyag
The Supreme Court clarifies that due process in housing programs requires notice and hearing, not vested property rights from mere occupancy.
Prior Possession vs Ownership: Resolving Property Disputes in the Philippines
Philippine Supreme Court clarifies the distinction between forcible entry, accion publiciana, and accion reivindicatoria in property disputes.
Forcible Entry vs Accion Publiciana: Key Distinctions in Philippine Property Law
The Supreme Court clarifies the distinctions between forcible entry and accion publiciana in Regis v. Garcia, emphasizing proper remedies and procedural rules.
Taxing Government Instrumentalities: Real Property Tax and Public Dominion Rules
Philippine Fisheries Development Authority case clarifies when government instrumentalities pay real property tax and why public ports cannot be sold.
Equitable Mortgage VS Absolute Sale Protecting Property Rights IN Disguised Transactions
The Supreme Court nullifies a bank's foreclosure on property mortgaged without the owner's authority, reinforcing strict rules on special powers of attorney.
Unauthorized Real Estate Mortgage: Strict Interpretation of Special Power of Attorney
When a special power of attorney fails to identify the exact property, a mortgage over it is unenforceable. The Supreme Court explains why banks must verify authority.
Future Inheritance Contracts Are Void: Arrogante v. Deliarte Explained
Philippine Supreme Court ruling on void contracts over future inheritance, and the exceptions that can save family property arrangements.
Upholding Contractual Obligations: The Validity of a Special Power of Attorney in Property Transfers
A Supreme Court ruling clarifies jurisdiction in property disputes, the statute of frauds, and rights of first refusal in Philippine real estate law.
Possession AND Good Faith Understanding Property Rights IN THE Philippines
Prior Possession Prevails in Forcible Entry: Claudio v. Quebral
Philippine Supreme Court clarifies that in forcible entry cases, prior physical possession—not ownership—determines who recovers the property.
Equitable Mortgage vs Sale: Protecting Borrowers in Philippine Property Deals
When is a deed of sale actually an equitable mortgage? The Supreme Court explains how borrowers are protected under Philippine law.
Intellectual Property Rights and the Scope of Search Warrants in Trademark Infringement Cases
Learn how the Supreme Court defined the proper scope of search warrants in trademark infringement cases involving intellectual property rights.
Succession Rights vs NHA Discretion: Resolving Land Disputes After Death
When a land awardee dies, can a government agency bypass heirs and award property to another? The Supreme Court says no.
Theft Is Consummated Upon Taking: Debunking the Myth of Frustrated Theft
The Supreme Court clarifies that theft is consummated the moment the offender takes property with intent to gain, even if later apprehended.
Survival of Actions: Protecting Property Rights After Death in Philippine Law
Philippine Supreme Court ruling on when lawsuits survive a party's death, focusing on property rights and heir substitution.
Upholding Search Warrants in Intellectual Property Cases: The Yao v. People Ruling
The Supreme Court affirms search warrants issued in trademark infringement cases, clarifying probable cause and warrant requirements under Philippine law.
Express Trusts in Property Disputes: When Co-Ownership Prevails Over Title
Learn how express trusts can override technical title in Philippine property disputes, and what co-owners must prove.
Just Compensation When Government Takes Property Without Formal Expropriation
When enforcing an easement of right-of-way renders the remaining property unusable, just compensation is due. Learn from Republic v. Andaya.
Res Judicata and Property Disputes: Why a Final Judgment Bars a Second Suit
A Philippine Supreme Court ruling explains how res judicata prevents relitigation of property ownership after a final judgment.
Accountability and Due Diligence: Clarifying the Standard for Neglect of Duty in Public Service
The Supreme Court clarifies what constitutes simple neglect of duty and the standard of diligence required of public officers in safeguarding government property.
Compromise Agreements and Redemption Rights in Philippine Tax Delinquency Sales
Supreme Court ruling on compromise agreements, tax delinquency redemption, and substantial compliance in Philippine property law.