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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Unconscionable Interest Rates Balancing Lenders Rights AND Borrower Protection IN Mortgage Contracts
Mortgage in Bad Faith: When a Bank's Claim Is Trumped by a Prior Sale
A bank that forecloses on property it knew was already sold to another buyer cannot claim good-faith protection. Here's why.
Accommodation Mortgages and Redemption Rights: Limits of Debtor Liability
Philippine Supreme Court ruling on accommodation mortgagors' redemption rights and liability limits under P.D. 694 and Act 3135.
Equitable Mortgage VS Absolute Sale Protecting Property Rights IN Financial Distress
Simulated Sale or Real Deal: How Philippine Courts Protect Property Owners From False Contracts
Philippine courts distinguish real estate mortgages from pacto de retro sales. Learn how judges protect property owners from fraudulent contracts.
Deed of Sale or Loan Understanding: Equitable Mortgage in Philippine Property Law
When is a deed of sale really an equitable mortgage? The Supreme Court clarifies the rules on when courts will presume a loan arrangement.
Forged Documents in Property Deals: How Due Diligence Can Protect You
Philippine Supreme Court ruling on forged special power of attorney in property mortgage—what buyers and lenders must know about due diligence.
Indispensable Parties in Philippine Property Disputes: Why Mortgagees Aren't Always Necessary
Philippine Supreme Court ruling on when a mortgagee is not an indispensable party in property disputes, explained in plain language.
Deficiency Claims in Chattel Mortgages: Creditor Rights After Foreclosure in the Philippines
Learn how Philippine law governs deficiency claims after chattel mortgage foreclosure, including creditor rights and borrower protections.
Equitable Mortgage vs Absolute Sale: Protecting Borrowers in Financial Distress
When is a deed of absolute sale really a mortgage? The Supreme Court explains how courts protect borrowers who sign sale documents under financial pressure.
Escalation Clauses in Philippine Real Estate Mortgages: Limits and Borrower Rights
Philippine Supreme Court ruling on mortgage escalation clauses, unilateral interest rate hikes, and borrower rights to refunds.
Unregistered Lease vs Mortgage: Tenant Rights in Foreclosure Explained
When a lease is unregistered and the property is foreclosed, who wins? The Supreme Court clarifies tenant rights in Mercader v. DBP.
Default and Damages: Clarifying Rights in Chattel Mortgage Disputes
Philippine Supreme Court clarifies default rules, damages, and replevin in chattel mortgage disputes—key lessons for creditors and borrowers.
Clouded Titles: Protecting Land Ownership Rights Against Invalid Claims
Learn how the Supreme Court protects land ownership rights when fraudulent claims, invalid mortgages, and void free patents cloud title.
Pacto de Retro Sales in the Philippines: When a Land Sale Is Not an Equitable Mortgage
Philippine Supreme Court ruling clarifies when a pacto de retro sale stands as a true sale, not an equitable mortgage.
Breach of Banking Duty: Bank Liable for Mortgage Fraud Due to Negligence in Identifying Impostors
Philippine Supreme Court holds bank liable for mortgage fraud when it failed to verify impostors' identity, applying the last clear chance doctrine.
Mortgage in Bad Faith: Due Diligence in Unregistered Land Transactions
When a bank fails to verify ownership of unregistered land before accepting it as collateral, it acts in bad faith and loses protection as a mortgagee.
Equitable Mortgage VS Absolute Sale Determining True Intent IN Property Transactions
When a "Sale" Is Really an Equitable Mortgage: Lessons from Aguirre v. Tupas
Philippine Supreme Court ruling on when a deed of absolute sale is presumed an equitable mortgage under the Civil Code.
Court Personnel Dismissed for Mishandling Auction Proceeds in Chattel Mortgage Foreclosure
Sheriff and clerk of court dismissed for failing to turn over excess auction proceeds to mortgagor in chattel mortgage foreclosure.
Decoding Deeds Philippine Supreme Court Clarifies Contract Interpretation IN Property Sales
How the Supreme Court applied the parol evidence rule and literal interpretation in a disputed property sale with mortgage assumption.
Honesty is the Best Policy: Understanding Concealment in Philippine Insurance Law
A Supreme Court ruling clarifies when an insurer may deny a claim for concealment, and who may sue on a mortgage redemption insurance policy.
Extrajudicial Foreclosure and Redemption: Lessons from DBP v. Piñeda
Learn how the Supreme Court clarified the one-year redemption period in extrajudicial foreclosure and the good faith rule for mortgagee possession.
Protecting Your Loan Understanding Good Faith Mortgagees In Philippine Property Law
A Philippine Supreme Court ruling explains when a mortgagee is protected as a good faith lender, even if the mortgagor's title is later challenged.