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 After Foreclosure: What Buyers at Auction Must Know
The Supreme Court clarifies that a writ of possession issues as a matter of right to a foreclosure sale purchaser, even if the mortgagor files an annulment case.
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.
Writ of Possession in Foreclosure: Ministerial Duty vs Equitable Considerations
When can a court refuse to issue a writ of possession after foreclosure? The Supreme Court clarifies the ministerial duty rule and its exceptions.
Corporate Rehabilitation, Foreclosure, and Judicial Independence: Key Lessons from Rombe Eximtrade
A Supreme Court ruling clarifies when courts may issue injunctions against foreclosure after a rehabilitation case is dismissed.
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.
Writ of Possession as Ministerial Duty: Rayo v. Metrobank on Due Process Limits
The Supreme Court affirms that a writ of possession after extrajudicial foreclosure is a ministerial duty, even if issued ex parte. Learn the limits of due process claims.
Understanding Forum Shopping and Writ of Possession in Philippine Foreclosure Law
The Supreme Court clarifies forum shopping, real party-in-interest rules, and the ministerial nature of writs of possession in extrajudicial foreclosures.
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.
Foreclosure Surplus Mortgagors Right TO Excess Proceeds VS Unsecured Debts
Writ of Possession Annulment Case Does NOT Halt Ex Parte Issuance
The Supreme Court affirms that a pending annulment of foreclosure sale does not stop the ex parte issuance of a writ of possession.
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.
Mandatory Foreclosure: GFIs Must Verify Borrower Payments Before Proceeding
Supreme Court ruling on P.D. 385: government financial institutions must verify borrower payments before mandatory foreclosure.
RES Judicata Preventing Repeated Litigation IN Foreclosure Cases
When Foreclosure Becomes Inevitable: Understanding the Limits of Injunctive Relief
A Supreme Court ruling clarifies when courts cannot stop a government bank's foreclosure, and why a completed sale makes an injunction pointless.
Writ of Possession Ministerial After Foreclosure, But Not Against Non-Parties
Philippine Supreme Court clarifies that writ of possession is ministerial after foreclosure consolidation, but cannot oust compulsory heirs who were not parties to the foreclosure.
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.
Condonation in Foreclosure: Defining the Scope and Effect of Debt Forgiveness
The Supreme Court clarifies when condonation of a deficiency after foreclosure takes effect and its scope, with practical lessons for debtors and creditors.
Writ of Possession and Third-Party Rights: Protecting Possessory Interests in Foreclosure Sales
When can a foreclosure sale purchaser evict a third-party possessor? The Supreme Court explains limits on writs of possession.
Duty to Republish Notice in Extrajudicial Foreclosure: A Sheriff's Essential Obligation
Philippine Supreme Court clarifies that rescheduling an extrajudicial foreclosure sale requires republication of the notice, or the sale is invalid.
When Foreclosure Looms Upholding Rights Despite Procedural Delays
A judge's premature order canceling bail without hearing amounts to simple misconduct, not gross ignorance of law.
Writ OF Possession Ministerial Duty VS Redemption Rights IN Foreclosure Sales
Writ OF Possession THE Ministerial Duty OF Courts IN Foreclosure Cases
Prescription in Mortgage Foreclosure: When the Clock Starts Ticking in the Philippines
Philippine Supreme Court clarifies that the 10-year prescriptive period for mortgage foreclosure runs from default, not from the mortgage date.
Redemption Denied: Why Tender of Payment Is Crucial in Philippine Foreclosure Cases
Philippine Supreme Court explains why a borrower must actually tender payment to redeem foreclosed property—not just file a case.