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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Loan Restructuring vs Mortgage Release: When Must a Bank Return Collateral?
When a borrower restructures a loan and assigns property as partial payment, is the bank obliged to release other collateral? The Supreme Court explains.
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.
Equitable Mortgage VS Absolute Sale Protecting Vulnerable Parties IN Property Transactions
Learn how Philippine courts protect vulnerable parties in property deals, distinguishing equitable mortgages from absolute sales to prevent exploitation.
Equitable Mortgage Prevails Protecting Borrowers From Onerous Sale Agreements
Supreme Court rules a deed of sale with right to repurchase can be an equitable mortgage, protecting borrowers from onerous terms.
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.
When a Financing Company Is Not a Mortgagee in Good Faith: Lloyd's Enterprises v. Dolleton
A financing firm that failed to inspect a mortgaged property cannot claim good faith. Learn the due diligence rule from this 2008 case.
Upholding Contract Validity When Signed Agreements Prevail In Property Disputes
Philippine Supreme Court ruling on when notarized deeds of sale prevail over claims of equitable mortgage or forgery in property disputes.
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.
Writ of Possession After Foreclosure: Ministerial Duty of Courts Explained
Learn when courts must issue writs of possession after extrajudicial foreclosure and why pending cases questioning mortgage validity do not stop it.
Dividing Assets After Annulment: Mortgage Validity and Property Rights in the Philippines
Philippine Supreme Court ruling on conjugal property division after annulment, mortgage validity, and the effect of compromise agreements on asset distribution.
Equitable Mortgage vs Sale With Right of Repurchase: How Courts Classify Real Estate Deals
Philippine Supreme Court clarifies when a sale with option to repurchase is an equitable mortgage, and how to rebut the legal presumption.
Mortgage Foreclosure and Prescription: When Inaction Leads to Loss of Rights
A mortgage action prescribes in 10 years. Learn how inaction and procedural missteps cost a lender its foreclosure rights.
Equitable Mortgage vs Sale With Right to Repurchase: Price and Intent
When is a "sale with right to repurchase" really an equitable mortgage? The Supreme Court explains the role of price adequacy and intent.
Unjust Enrichment in Foreclosure: A Mortgagee's Duty to Return Excess Proceeds
The Supreme Court ruled that a bank must return surplus proceeds from an extrajudicial foreclosure sale and cannot unilaterally apply them to unsecured debts.
Genuine Sale vs Equitable Mortgage: When a Deed of Sale Stands in Land Disputes
The Supreme Court clarifies when a deed of sale is genuine and not an equitable mortgage, and how buyers in good faith are protected in land disputes.
Dragnet Clauses in Mortgages: When Future Debts Are Secured Beyond the Initial Loan
Philippine Supreme Court explains how dragnet clauses in real estate mortgages cover future debts, and what borrowers must pay to redeem foreclosed property.
Proving Land Claims in the Philippines: What a Foreclosure Redemption Case Teaches
A Supreme Court ruling on foreclosure redemption clarifies how blanket mortgage clauses affect land claims and property disputes in the Philippines.
Equitable Mortgage vs Absolute Sale: Intent and Prescription in Property Disputes
Supreme Court clarifies when a sale is an equitable mortgage and why fraud claims can prescribe. Learn the rules.
Sale vs Equitable Mortgage: When a Deed of Sale Is Considered a Loan
Philippine Supreme Court explains when a deed of absolute sale may be treated as an equitable mortgage or loan, and when courts will uphold the sale.
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.
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.
Equitable Mortgage vs Pacto de Retro: Protecting Borrowers From Unfair Land Seizure
When is a "sale with right to repurchase" really a loan? The Supreme Court explains equitable mortgage protections for Filipino landowners.
When Can a Court Reinstate a Dismissed Appeal: Procedural Lapses in Philippine Law
Philippine Supreme Court explains when procedural lapses in appeals may be overlooked to serve substantial justice, with rules on prescription of mortgage actions.