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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Burden of Proof in Loan Obligations: Debtor Must Prove Payment Despite Creditor's Claim of Non-Payment
Philippine Supreme Court ruling on who bears the burden of proving payment in loan and mortgage obligations, and when contract rescission is proper.
Equitable Mortgage vs Sale with Right to Repurchase: Protecting Borrowers in Property Deals
When is a "sale with right to repurchase" actually an equitable mortgage? The Supreme Court explains the legal tests protecting vulnerable borrowers.
Equitable Mortgage vs Absolute Sale: Protecting Vulnerable Parties in Property Transactions
When is a deed of sale really a loan? The Supreme Court explains how courts look beyond documents to protect vulnerable parties.
Equitable Mortgage vs Absolute Sale: Protecting Vulnerable Grantors in Property Transactions
When a deed of absolute sale is actually an equitable mortgage, courts look at intent and circumstances, not just the document's title.
Partition Ends Co-Ownership: Mortgage on Divided Property Valid
Supreme Court rules that a deed of partial partition ends co-ownership, making a subsequent mortgage on an adjudicated property valid without other heirs' consent.
When a Land Sale Contract Is Voidable: Illiteracy, Fraud, and Equitable Mortgage in the Philippines
Philippine Supreme Court ruling on when a deed of absolute sale is actually an equitable mortgage, protecting illiterate landowners from fraud.
Marital Consent Is Key: Encumbering Conjugal Property Without Spouse's Agreement Is Void
A spouse cannot mortgage conjugal property without the other spouse's written consent. The Supreme Court explains why such encumbrances are void.
Writ OF Possession Mortgagees Right Prevails Despite Pending Challenges TO Foreclosure
Equitable Mortgage vs Pacto de Retro Sale: Property Rights in the Philippines
Philippine Supreme Court explains the difference between equitable mortgage and pacto de retro sale, and why mortgagees cannot simply consolidate ownership.
Mortgage in Good Faith: How Registered Mortgages Protect Lenders Despite Title Defects
Philippine Supreme Court ruling on how registered mortgages protect lenders in good faith, even when prior unregistered sales exist.
Registered Mortgage Prevails Over Unregistered Sale Protecting Good Faith Purchasers
Unmasking Equitable Mortgages in the Philippines: A Guide for Property Buyers and Sellers
When is a deed of sale actually a loan? Learn how Philippine courts unmask equitable mortgages and protect property buyers and sellers.
Writ of Possession Is Ministerial Duty Despite Pending Mortgage Disputes
Philippine Supreme Court ruling on why courts must issue writs of possession in foreclosure sales even when the mortgage validity is being challenged.
When a Writ of Possession Is Ministerial: Lessons from a Judge's Administrative Case
The Supreme Court explains why a judge cannot be disciplined for issuing a writ of possession after foreclosure, even if the mortgagor questions the mortgage's validity.
Foreclosure Rights VS Damages Dbps Mortgage Lien AND THE Limits OF Injunction
Losing Your Day in Court: Understanding the Strict Rules of Appeal in Philippine Law
The Supreme Court clarifies that permanent injunctions cannot bar government banks from foreclosing mortgages, and explains the limits of moral damages.
Real vs Personal Action: Venue in Mortgage Cancellation Cases
When is a suit to cancel a real estate mortgage a real action? The Supreme Court explains how venue is determined.
When Bank Receivership Does Not Stop Prescription on Mortgage Foreclosure
A bank's receivership does not automatically suspend the prescriptive period for foreclosing a mortgage, the Supreme Court ruled.
Perfected Sale vs Mortgage: When a Seller's Breach Doesn't Void a Sale
Philippine Supreme Court ruling on when a seller's breach doesn't void a perfected sale, distinguishing sale from mortgage.
Perfecting Mortgage Registration: Entry Book Notice Prevails Despite Fee Delay
Supreme Court clarifies that entry in the Register of Deeds' primary entry book constitutes registration, even if fees are paid the next day.
Equitable Mortgage Protecting Borrowers From Unfair Sale Agreements
Mortgage in Good Faith: How Banks Are Protected From Fraudulent Land Titles in the Philippines
Philippine Supreme Court ruling on how banks that accept mortgages in good faith are protected from forged or fraudulent land titles.
Bank Liability and Misplaced Trust: Who Pays When Loan Payments Go Astray
When a bank forecloses on property later found to be fraudulently mortgaged, who bears the loss? This case explains the legal protection for innocent mortgagees.
Tax Sale Trumps Mortgage Foreclosure When Property Title Shifts Due to Tax Delinquency
Supreme Court rules that a tax delinquency sale can render a mortgage foreclosure petition moot and academic when title has already transferred.