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 Not Barred by Pending Annulment of Foreclosure Case
A pending annulment of foreclosure case does not stop a bank from getting a writ of possession after the redemption period lapses.
Deficiency Judgments in Foreclosure: When a Lender Can Still Collect After the Auction
A Philippine Supreme Court ruling confirms that lenders may recover any shortfall after an extrajudicial foreclosure sale — the debtor remains liable for the unpaid balance.
Redemption vs. Repurchase: Property Rights After Foreclosure in the Philippines
Philippine Supreme Court clarifies the crucial difference between redemption and repurchase of foreclosed property, and why timing matters.
Possession After Foreclosure: Why the Buyer Wins the Writ of Possession
Buyers in extrajudicial foreclosure sales are entitled to possession of the property. The Supreme Court explains why in Samson v. Rivera.
Possession and Due Process: Protecting Third-Party Rights in Foreclosure Proceedings
Supreme Court rules an ex-parte writ of possession cannot eject third-party possessors not in privity with the mortgagor.
Navigating Forum Shopping AND Valid Cause OF Action IN Foreclosure Cases Mondragon Leisure VS Ucpb
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.
Mortgaged Chattels: Valid Seizure and Foreclosure Compliance in Philippine Law
Philippine Supreme Court clarifies rules on chattel mortgage seizure, foreclosure, and the limits of appellate review in Samala v. Court of Appeals.
Foreclosure Publication Requirements: Protecting Property Rights in Rural Bank Loans
Learn how strict publication rules in rural bank foreclosures protect property owners, and why buyers must verify possession before purchasing.
Bank Negligence in Foreclosure: Damages and Attorney's Fees Reassessed
Philippine Supreme Court clarifies how courts compute actual, moral damages and attorney's fees when banks act negligently in foreclosure disputes.
GSIS Bad Faith When Foreclosure Exclusions Require Property Return
When a mortgagee forecloses more than owed, courts may order reconveyance. This case explains bad faith and prescription rules.
Forum Shopping and Foreclosure: Navigating Jurisdictional Boundaries in Mortgage Disputes
When properties in different provinces are foreclosed, filing separate suits to stop each sale is not forum shopping. The Supreme Court explains why.
Unregistered Mortgage vs Notice of Lis Pendens: Priority Rights in Foreclosure
Philippine Supreme Court ruling on priority between unregistered mortgages and notices of lis pendens in property foreclosure disputes.
Writ of Possession Is a Ministerial Duty of Courts in Foreclosure Cases
In Chailease Finance v. Spouses Ma, the Supreme Court ruled that issuing a writ of possession after foreclosure is a ministerial duty, not a discretionary act.
Equitable Mortgages Have No Redemption Right in Judicial Foreclosure for Private Mortgagees
In a judicial foreclosure of an equitable mortgage by a private lender, the mortgagor has no right of redemption after confirmation of sale.
Forum Shopping and Due Process in Mortgage Foreclosure: Avoiding Multiple Suits
Philippine Supreme Court ruling on forum shopping, due process, and the risks of filing multiple injunction suits in mortgage foreclosure cases.
Intervention Denied: Maritime Liens, Forum Shopping in Ship Mortgage Disputes
Supreme Court clarifies when mortgagees may intervene in crew wage claims and warns against forum shopping in vessel foreclosure cases.
Foreclosure Validity Republication Requirement In Rescheduled Auction Sales
When a foreclosure auction is postponed, the notice must be republished. Learn the rule from DBP v. Emerald Resort Hotel Corporation.
Banks' Due Diligence in Foreclosure Sales and Rights of Land Reform Beneficiaries
A bank that forecloses on land without ocular inspection cannot eject land reform beneficiaries, as the Supreme Court ruled in Rural Bank of Sta. Ignacia v. Dimatulac.
Writ of Possession in Foreclosure: What Third-Party Claimants Must Know
Learn how the Supreme Court ruled on writs of possession in foreclosure sales and what third-party claimants must do to protect their rights.
Writ of Possession in Foreclosure: Bank Rights Prevail Over Third-Party Claims
Learn how the Supreme Court ruled that a writ of possession in extrajudicial foreclosure is ministerial, and third-party claimants must use proper remedies.
Foreclosure Sales: Strict Compliance With Publication Requirements
When a postponed foreclosure sale proceeds without republication of notice, the sale is void. Learn the rules from Ouano v. Court of Appeals.
Surety Bonds, Deficiency Claims, and the Burden of Proof in Collection Suits
The Supreme Court clarifies when a demand for payment is valid and what evidence creditors must present to collect a deficiency after foreclosure.
Foreclosure Sales: Filing an Appeal Does Not Stop a Writ of Possession
Philippine Supreme Court clarifies that an appeal against a writ of possession in extrajudicial foreclosures does not stay its implementation.