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 Limits: When Third-Party Adverse Claims Block Foreclosure Ejectment
A bank cannot use an ex parte writ of possession to eject third parties claiming adverse ownership of foreclosed property; due process requires a full hearing.
When Foreclosure Is Not Bad Faith: DBP v. Doyon on Mortgagee Rights
Supreme Court clarifies when a bank's foreclosure after withdrawing an earlier case is not bad faith, and upholds mortgage possession and auction rules.
Foreclosure Rights: DBP Can Foreclose Despite Prior Dismissal of Case
Philippine Supreme Court ruling on whether a bank's withdrawal of a foreclosure case bars it from foreclosing again later. Learn the rules.
The Imperative of Due Process Hearing Requirement for Preliminary Injunctions in Mortgage Disputes
The Supreme Court nullifies a preliminary injunction issued without hearing, underscoring due process in mortgage foreclosure disputes.
Mortgage Validity and Foreclosure: Protecting Property Rights Under Philippine Law
The Supreme Court clarifies when a mortgage is void, how redemption periods work, and why prior judgments bind parties in foreclosure disputes.
Newspaper Circulation and Foreclosure: Ensuring Public Notice in Property Sales
Supreme Court nullifies foreclosure sale because notice was published in a newspaper not circulated in the city where the property was located.
Enforcing Final Judgments: Accounting for Unlawful Rental Collection After Foreclosure
Philippine Supreme Court clarifies that final judgments may be executed even if the exact amount is unstated, allowing courts to conduct hearings for accounting.
Redemption Rights in Foreclosure Sales: Scope and Transferability Under Philippine Law
The Supreme Court clarifies the scope of redemption rights in extrajudicial foreclosure sales and when such rights may be validly transferred.
Forum Shopping in Mortgage Disputes: When Causes of Action Differ
Supreme Court clarifies when simultaneous mortgage foreclosure and damages suits do not constitute forum shopping, explaining the test for identity of causes of action.
Mortgage Foreclosure Minor Errors IN Notice DO NOT Necessarily Void THE Sale
Filing an Annulment Suit Does Not Extend the Redemption Period in Foreclosure
Philippine Supreme Court ruling clarifies that filing an annulment suit does not stop the redemption period in extrajudicial foreclosure.
Writ of Possession After Foreclosure: When It Becomes a Ministerial Duty
Learn when a writ of possession after extrajudicial foreclosure becomes a ministerial duty of the court, and why pending cases do not stop it.
Writ of Possession and Third-Party Claims: When Foreclosure Buyers Get Possession
Learn when a court must issue a writ of possession after foreclosure and how third-party claims affect the process, based on a Philippine Supreme Court ruling.
Possession Disputes HOW Foreclosure Affects Third Party Property Claims
Preserving Family Lands: The Right to Repurchase in Free Patent Cases
Learn how heirs can repurchase family land under free patents even after foreclosure, based on a 2008 Supreme Court ruling.
DUE Process AND Foreclosure Understanding Rights IN Mortgage Disputes
Redemption Rights Interest Computation CUT OFF In Foreclosure Sales
Philippine Supreme Court ruling clarifies that in DBP foreclosure redemptions, interest stops accruing at the auction date.
Validity of Foreclosure Sale Timing Under Act 3135 Explained
Philippine Supreme Court ruling on whether an extrajudicial foreclosure auction must last the full 9 a.m. to 4 p.m. period under Act 3135.
Pactum Commissorium Protecting Debtors From Unfair Foreclosure
The Supreme Court voided a dacion en pago that let a creditor automatically take mortgaged land, reaffirming the Philippine ban on pactum commissorium.
Possession Rights When CAN A Bank Eject A Buyer After Foreclosure
Mortgage Foreclosure: Know Your Rights as a Subdivision Buyer
Learn when declaratory relief works for subdivision buyers facing mortgage foreclosure, and when it doesn't, from a 2008 Supreme Court ruling.
Foreclosure Amidst Corporate Liquidation Secured Creditor Rights Prevail
Philippine Supreme Court ruling on secured creditor foreclosure rights during corporate liquidation proceedings under RA 8799 and the Corporation Code.
Writ of Possession Is Ministerial Duty, Not a Venue for Fraud Claims
The Supreme Court clarifies that a writ of possession in extrajudicial foreclosure is a ministerial duty, not subject to fraud claims.
Dacion en Pago and Foreclosure: When a Debt Remains a Debt
A Supreme Court ruling clarifies that an unaccepted dacion en pago does not extinguish a debt, allowing mortgage foreclosure to proceed.