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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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.
Equitable Mortgage in Philippine Law: When a Sale Is Not Really a Sale
Learn how Philippine courts treat contracts that appear as sales but are actually loans secured by property, and what equitable mortgage means for property owners.
Spousal Consent and Mortgage Validity: Protecting Marital Property Rights
Learn how spousal consent protects marital property from fraudulent transfers, based on a Philippine Supreme Court ruling on void titles.
Novation and Insurance Claims: Contractual Obligations in Secured Transactions
When a mortgaged car is carnapped, does insurance payment extinguish the loan? The Supreme Court clarifies novation rules.
Writ OF Possession Validity OF Mortgage NOT A BAR TO Issuance
Good Faith Mortgage vs Forged Title: Protecting the True Property Owner's Rights
Can a bank keep a mortgage on property bought through a forged deed? The Supreme Court clarifies the true owner's remedies.
Equitable Mortgage vs Option to Buy: Distinguishing Intent in Property Transactions
Philippine Supreme Court clarifies when a sale with option to buy becomes an equitable mortgage, and the evidence needed to prove it.
Mortgage Foreclosure: Why Stipulated Notice Requirements Matter in Real Estate Contracts
Philippine Supreme Court ruling on extrajudicial foreclosure: stipulated notice requirements in mortgage contracts are mandatory and enforceable.
Equitable Mortgage Prevails Protecting Borrowers From Disguised Loan Agreements
Conditional Contracts to Sell: When Buyers' Payment Hinges on Sellers' Prior Mortgage Release
Philippine Supreme Court clarifies that in a contract to sell, buyers need not pay until sellers secure mortgage release, and rescission under Article 1191 does not apply.
Equitable Mortgage vs Pacto de Retro: Protecting Borrowers' Rights
When is a sale with right to repurchase actually an equitable mortgage? The Supreme Court explains the legal presumption protecting borrowers.
Family Home Protection Consent Requirements IN Real Estate Mortgages Involving Married Couples
Extinguishment of Debt by Overpayment and Nullification of Extrajudicial Foreclosure
When overpayment extinguishes a mortgage debt, a foreclosure based on alleged default has no legal basis and may be voided.
Prescription and Foreclosure: Understanding Timelines in Philippine Mortgage Law
Learn when prescription bars mortgage foreclosure actions in the Philippines, and why courts—not litigants—decide the issue.
Mortgage on Unregistered Land in the Philippines: Risks and Due Diligence for Banks and Borrowers
Learn the risks of mortgaging unregistered land in the Philippines and the due diligence banks and borrowers must perform before foreclosure.
Good Faith vs Due Diligence: Protecting Rights in Real Estate Transactions
When is a buyer or mortgagee of land truly in good faith? The Supreme Court clarifies the duty to investigate beyond the Torrens title.
Foreclosure Disputes Protecting THE Rights OF Legal Spouses IN Mortgage Agreements
Deficiency Judgments in Philippine Foreclosure: Can Banks Recover More After Auction?
Philippine Supreme Court clarifies when banks can collect deficiency after extrajudicial foreclosure of real estate mortgages.
Unsigned Stipulations in Mortgages: Philippine Supreme Court Upholds Consent as Key
Philippine Supreme Court rules a mortgage stipulation inserted after signing without the mortgagor's consent is void ab initio.
Equitable Mortgage vs Absolute Sale: What Philippine Courts Look For
When is a deed of sale really a mortgage? The Supreme Court explains the rules on equitable mortgage in Cirelos v. Hernandez.
Interest on Interest in Philippine Mortgages: The Cuyco Case Explained
The Supreme Court explains when unpaid interest earns further interest in mortgage foreclosures, and when future loans need not be secured.
Mortgage Still Valid Loan Restructuring AND Novation IN THE Philippines Reyes V BPI Family Savings Bank
When does loan restructuring cancel a real estate mortgage? The Supreme Court explains novation rules in Reyes v. BPI Family Savings Bank.
Foreclosure on Multiple Properties: Mortgage Indivisibility and Writ of Possession in the Philippines
Learn how Philippine law handles foreclosure of multiple mortgaged properties in different locations and the rules on writ of possession.
Equitable Mortgage vs Pacto de Retro Sale: Philippine Real Estate Security Rules
Philippine Supreme Court clarifies when a deed of sale with right to repurchase is actually an equitable mortgage, protecting borrowers from losing property.