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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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.
Distinguishing Between Sale AND Equitable Mortgage Intent Prevails Over Form
Protecting Subdivision Lot Buyers: The Need for HLURB Approval in Mortgage Agreements
A Supreme Court ruling explains why a developer's mortgage over subdivision lots is void without HLURB approval, and what this means for lot buyers and banks.
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.
When a Deed of Sale Is Really an Equitable Mortgage: Cruz v. Cruz
The Supreme Court explains when a purported deed of sale is actually an equitable mortgage, protecting borrowers from losing property for a fraction of its value.
Equitable Mortgage vs Absolute Sale: Protecting Borrowers in Five-Six Lending
When is a deed of sale actually a mortgage? The Supreme Court protects borrowers in five-six lending schemes.
Loan Agreements and Real Estate Mortgages: The Necessity of Actual Fund Transfer
A loan is perfected only upon actual delivery of funds. Checks that are never cashed do not complete a loan or its mortgage.
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.
Substantial Compliance When Overly Strict Rules Give Way to Justice in Labor Disputes
The Supreme Court reminds litigants that procedural rules yield to substantial justice, as shown in a case on equitable mortgage and res judicata.
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.
Real vs Personal Actions: Mortgage Release Suits and Court Jurisdiction
When is a suit to release a mortgage a real or personal action? The Supreme Court clarifies jurisdiction rules in FEBTC v. Plaza.
Sale and Leaseback as Disguised Loan: When Financial Leasing Is an Equitable Mortgage
Philippine Supreme Court clarifies when a sale and leaseback is a disguised loan secured by chattel mortgage, not a true financial lease.
When a Sale-Leaseback Is Really a Loan: Cebu Contractors Consortium v. Court of Appeals
The Supreme Court ruled that a sale-leaseback arrangement was actually an equitable mortgage, not a true financing lease, and ordered the contract reformed.
Compromise Agreements Upholding Obligations AND Equitable Relief IN Property Disputes
Philippine Supreme Court ruling on sale-leaseback arrangements, equitable mortgages, and deed of assignment effects on debtor obligations.
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.
Deficiency Judgments: Can Creditors Recover Unpaid Balances After Foreclosing Chattel Mortgages?
Explaining when Philippine creditors may sue for a deficiency judgment after foreclosing a chattel mortgage, and the legal limits on recovery.
Mortgage Foreclosure Estoppel Prevents Claimants From Denying Prior Actions
Philippine Supreme Court ruling on how estoppel bars property claimants from questioning a mortgage foreclosure after prior inconsistent acts.
When Is a Deed of Sale Actually a Mortgage: Lessons from Molina v. Flores
The Supreme Court explains when a deed of absolute sale may be presumed an equitable mortgage under Article 1602 of the Civil Code.
When a Sale Is Not an Equitable Mortgage: Lessons from Molina v. Flores
The Supreme Court explains when a deed of sale is a true sale and not an equitable mortgage, and why courts respect written contracts.
Mortgage Release: Full Payment Trumps Bank's Restructuring Claim
Full payment of a loan obliges a bank to release the mortgage. The Supreme Court clarifies when a bank's restructuring claim fails.
Mortgage Foreclosure After Full Payment Is Void: PNB v. Court of Appeals
A mortgage foreclosure is void if the loan it secures was already paid. Learn the rules from this Philippine Supreme Court case.
Mortgage Validity Upheld Despite Alleged Fraud and Overpayment Claims
When silence on account statements bars later overpayment claims, and how litis pendentia and forum shopping can defeat a borrower's injunction suit.