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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Closure vs. Retrenchment: Proving Losses in Philippine Labor Disputes
Philippine Supreme Court ruling on when a business closure is treated as retrenchment, requiring proof of substantial losses.
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.
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.
Trade Secrets vs Discovery: Balancing Business Confidentiality and Legal Rights in Philippine Courts
Philippine Supreme Court ruling on when trade secrets are privileged from compulsory disclosure in civil discovery proceedings.
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.
Foreclosure Surplus Mortgagors Right TO Excess Proceeds VS Unsecured Debts
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.
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.
Business Closure Due to Fire: Employer Prerogative vs. Employee Rights
When fire destroys a business, can employees claim illegal dismissal? The Supreme Court explains the rules on closure and separation pay.
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.