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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Mortgagor's Stipulated Right to Notice Prevails in Foreclosure Proceedings
Supreme Court rules banks must honor contractual stipulations requiring personal notice to mortgagors before extrajudicial foreclosure, or risk nullifying the sale.
Redemption Rights Strict Tender Of Full Payment Required In Foreclosure Cases
Philippine Supreme Court ruling on strict tender of full payment for property redemption after extrajudicial foreclosure.
Separation of Proceedings: Annulment Case Cannot Delay Writ of Possession
Supreme Court rules consolidation of annulment case with writ of possession petition is grave abuse, delays foreclosure remedy.
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.
Possession vs Ownership: Writ of Possession and Third-Party Claims in Philippine Foreclosures
A writ of possession is ministerial only against the mortgagor. Third parties with adverse claims must be heard first.
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.
Certification Against Forum Shopping: The High Cost of Non-Disclosure
Failure to disclose a related case in a certification against forum shopping can lead to indirect contempt. Learn from this Philippine Supreme Court ruling.
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
DUE Process AND Foreclosure Understanding Rights IN Mortgage Disputes
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.
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.
Upholding Due Process for Workers: When Business Closure Is a Subterfuge
Business closures must be bona fide. The Supreme Court explains when a simulated shutdown becomes illegal dismissal.
Simulated Business Closure Employer Liability FOR Illegal Dismissal
Philippine Supreme Court ruling on when a simulated business closure constitutes illegal dismissal and employer liability.