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.
Real Estate Foreclosure in the Philippines: Notice Requirements and Due Process
A look at Guanco v. Antolo and why strict notice and posting rules govern extrajudicial foreclosure sales in the Philippines.
Ombudsman Jurisdiction Over GOCCs: The Original Charter Requirement
The Supreme Court limits Ombudsman jurisdiction over GOCCs to those with original charters, not corporations merely acquired by government.
Extinguishment of Debt by Overpayment and Nullification of Extrajudicial Foreclosure
When overpayment extinguishes a mortgage debt, a foreclosure based on alleged default has no legal basis and may be voided.
Prescription and Foreclosure: Understanding Timelines in Philippine Mortgage Law
Learn when prescription bars mortgage foreclosure actions in the Philippines, and why courts—not litigants—decide the issue.
Usury Law and Contractual Obligations: Striking the Balance in Loan Agreements
The Supreme Court clarifies how the Usury Law interacts with loan restructuring, refinancing, and the binding force of contracts in DBP v. CA.
Consignation and the Debtor's Right to Withdraw: Lessons from Banco Filipino v. Diaz
When can a debtor withdraw a consignated deposit? The Supreme Court explains the rules under Article 1260 of the Civil Code.
Deficiency Judgments in Philippine Foreclosure: Can Banks Recover More After Auction?
Philippine Supreme Court clarifies when banks can collect deficiency after extrajudicial foreclosure of real estate mortgages.
Unsigned Stipulations in Mortgages: Philippine Supreme Court Upholds Consent as Key
Philippine Supreme Court rules a mortgage stipulation inserted after signing without the mortgagor's consent is void ab initio.
Equitable Mortgage vs Absolute Sale: What Philippine Courts Look For
When is a deed of sale really a mortgage? The Supreme Court explains the rules on equitable mortgage in Cirelos v. Hernandez.
Demand NOT Always Needed When Philippine Banks CAN Foreclose Without Prior Notice
Philippine Supreme Court clarifies when banks may foreclose without prior demand, and limits on preliminary injunctions against foreclosure.
Interest on Maritime Liens in the Philippines: When Does the Clock Start Ticking?
Philippine Supreme Court clarifies when legal interest on a maritime lien begins to accrue—from extrajudicial demand, not from foreclosure sale.
Documentary Stamp Tax on Pawnshop Pledges: A Clear Guide
The Supreme Court confirms pawnshop pledges are subject to documentary stamp tax under the National Internal Revenue Code. Learn the rules.
When Courts Deny Postponements: Due Process in Philippine Litigation
A Supreme Court ruling on when denying a motion for postponement violates due process, and what parties must show to get a resetting.
Mortgage Still Valid Loan Restructuring AND Novation IN THE Philippines Reyes V BPI Family Savings Bank
When does loan restructuring cancel a real estate mortgage? The Supreme Court explains novation rules in Reyes v. BPI Family Savings Bank.
Certiorari Without Motion for Reconsideration: Exceptions Under Rule 65
Learn when Philippine courts allow a direct petition for certiorari without a prior motion for reconsideration, based on the PAL-PESALA case.
Foreclosure on Multiple Properties: Mortgage Indivisibility and Writ of Possession in the Philippines
Learn how Philippine law handles foreclosure of multiple mortgaged properties in different locations and the rules on writ of possession.
Equitable Mortgage vs Pacto de Retro Sale: Philippine Real Estate Security Rules
Philippine Supreme Court clarifies when a deed of sale with right to repurchase is actually an equitable mortgage, protecting borrowers from losing property.
Equitable Mortgage vs Absolute Sale: Protecting Your Property Rights in the Philippines
When is a deed of absolute sale actually an equitable mortgage? Philippine law protects borrowers who sign sale documents to secure loans.
When Can a Co-Owner File an Ejectment Suit in the Philippines? The Adlawan Rule
Philippine law lets a co-owner file ejectment, but only for the benefit of all co-owners—not for sole personal gain. Here's what Adlawan v. Adlawan teaches.
Corporate Officer Liability When Signing Loan Documents Leads to Criminal Charges in the Philippines
Learn when signing loan documents as a corporate officer can trigger criminal liability in the Philippines, based on Supreme Court rulings.
Tenant Rights in the Philippines: Proving Agricultural Tenancy and Its Implications
Learn how Philippine courts determine agricultural tenancy, tenant rights to redemption, and what a Certificate of Land Transfer means for landowners and lessees.
Oral Loan Agreements in the Philippines: When a Verbal Promise Is Legally Binding
Oral loan agreements can be enforceable in the Philippines. Learn the rules, evidence needed, and key Supreme Court ruling on verbal contracts.
Gross Ignorance of the Law: When Can a Judge Be Held Liable
Philippine Supreme Court ruling on when judges face administrative liability for judicial errors, gross ignorance, and misconduct.
Contract to Sell vs. Sale: What Buyers Must Know Under Philippine Law
A buyer who stops paying installments in a contract to sell may lose ownership rights. Learn the key differences and protections.