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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Perfecting Real Estate Sales: No Contract Without Explicit Board Approval
GSIS v. Lopez explains when a real estate sale is perfected—and why a deposit alone does not create a binding contract.
HLURB's Primary Jurisdiction Over Real Estate Disputes Involving Unsound Practices
When does the HLURB have exclusive jurisdiction over real estate disputes? The Supreme Court clarifies in Tri-Corp v. Greystone.
Breach of Contract and Delay Damages in Construction Projects: Uy v. Public Estates Authority
A Supreme Court ruling on contractor claims for delay damages, standby equipment costs, and the strict written-change-order rule under Article 1724.
Good Faith and the Lis Pendens Rule: Lessons from Cunanan v. Jumping Jap Trading
A Supreme Court ruling shows why a cancelled notice of lis pendens does not always protect a mortgagee, and how bad faith can void a real estate mortgage.
Perfecting Real Estate Sales Registration NOT Always Required FOR Validity
The Supreme Court clarifies that registration of a deed of sale is not always required for a real estate sale to be valid between the parties.
When a Bank’s “Warehousing” Trust Fails: Lessons from Tala Realty v. Banco Filipino
A look at Tala Realty v. Banco Filipino, where the Supreme Court struck down a bank’s secret trust scheme to evade real estate limits.
Mortgagee's Duty to Verify Buyers Under PD 957: DBP v. Capulong
Philippine Supreme Court clarifies that banks financing real estate projects must verify subdivision lot buyers before foreclosing mortgaged properties under PD 957.
Sharia Court Jurisdiction Determining Muslim Status For Estate Settlement
The Supreme Court clarifies when Sharia District Courts may hear estate cases and determine if a deceased person was Muslim.
Securing Debts When Penalty Fees Fall Outside Mortgage Coverage
When a real estate mortgage doesn't mention penalty fees, those charges may not be secured by the mortgage. Learn the rule from Spouses Viola v. Equitable PCI Bank.
Donation Mortis Causa vs Inter Vivos: Understanding Estate Transfers in the Philippines
Philippine Supreme Court explains when a donation is mortis causa, not inter vivos, and why formalities of a will matter.
Defining HLURB Jurisdiction When Real Estate Disputes Fall Under Court Authority
When does a real estate dispute belong in court instead of the HLURB? The Supreme Court clarifies the rule in Cadimas v. Carrion.
Res Judicata in Estate Disputes: Prior Judgments Bar Relitigation of Property Ownership
A party cannot relitigate property ownership in probate proceedings when final judgments already settled the issue, the Supreme Court rules.
Res Judicata Bars Estate's Claim Over Properties Redeemed by Heir
Supreme Court explains when prior final judgments bar new claims over the same properties, applying res judicata to estate disputes.
Authority TO Sell Written Power IS KEY To Valid Real Estate Transactions
Philippine Supreme Court ruling on Estate of Lino Olaguer clarifies when a written power of attorney is required for valid real estate sales.
Navigating Appeals in Estate Settlements: Avoiding Forum Shopping Pitfalls
Learn when Philippine courts allow separate appeals and certiorari petitions in estate cases without committing forum shopping.
Deceitful Practices by Lawyers: When Suspension and Disbarment Apply
The Supreme Court clarifies when lawyers face suspension or disbarment for deceitful conduct, citing a case of forged documents and dishonest estate settlement.
Perfecting Contracts: Why Consent Is Essential in Real Estate Agreements
Philippine Supreme Court ruling explains why a real estate sale needs the buyer's consent to be binding—lessons from Looc Bay Timber v. Montecalvo.
Who Can Speak for the Deceased: Legal Representation and Estate Rights in Philippine Courts
Philippine Supreme Court clarifies who may substitute for a deceased party in civil cases, protecting estate rights and due process.
Heirs' Rights Prevail in Inheritance Disputes: Partition and Prescription Explained
Philippine Supreme Court ruling on heirs' rights in inheritance disputes, covering partition, prescription, and validity of conveyances affecting estate property.
Estate Tax Deductions: Claims Valued at Death, Not Post-Death Settlements
Philippine Supreme Court rules estate tax deductions for claims against the estate are valued at date of death, not reduced by later compromise settlements.
Court Discretion in Estate Administration: When Can a Special Administrator Be Removed
Philippine Supreme Court clarifies when courts may remove a special administrator and the limits of judicial discretion in estate proceedings.
When Courts May Remove a Special Estate Administrator: Discretion and Limits
Explaining when Philippine courts may remove a special estate administrator and the limits of judicial discretion in estate proceedings.
Perfecting Appeals THE Definitive Guide ON Filing Deadlines IN Estate Administration
Establishing Filiation in Estate Proceedings: The Illegitimate Child's Claim
Explaining Tayag v. Tayag-Gallor: an illegitimate child may prove filiation during estate settlement, not just via recognition action.