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.

Showing 433456 of 542 articles for closure

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.

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.

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.

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.

Waiver of Publication in Foreclosure Sales: Protecting Public Interest Over Private Agreements

Philippine Supreme Court rules parties cannot waive publication requirements in extrajudicial foreclosure sales under Act No. 3135.

Duty to Act: Estoppel in Questioning Credit Account Statements

When silence on a credit statement binds a debtor. The Supreme Court explains estoppel, litis pendentia, and the burden of proof.

Rape Intimidation As A Substitute FOR Physical Resistance IN THE Philippines

Philippine Supreme Court clarifies that intimidation and moral ascendancy can substitute for physical resistance in statutory rape cases.

Upholding Mortgage Foreclosure Waiver and Estoppel in Property Redemption

A mortgagor who attempts to redeem foreclosed property waives defects in the foreclosure sale and is estopped from later challenging its validity.

Father's Conviction for Raping Minor Daughter Upheld; Death Penalty Affirmed

The Supreme Court affirms the death sentence of a father convicted of qualified rape of his 14-year-old daughter, clarifying rules on victim credibility and damages.

Usurious Loans and Mortgage Validity When Interest Exceeds Legal Limits in the Philippines

Philippine Supreme Court ruling on usurious loans: when hidden interest voids a mortgage and what borrowers and lenders should know.

Judicial Accountability: Fines for Sheriffs Who Skip Raffle in Foreclosure Cases

Supreme Court fines sheriffs P1,000 each for failing to raffle an extrajudicial foreclosure petition, underscoring strict compliance with court procedure.

Rape and Defective Informations: Protecting the Rights of the Accused and the Victim

This article examines the Supreme Court's ruling in People v. Aquino on the sufficiency of rape informations and the rights of both the accused and the child victim.

Piercing the Corporate Veil: When a Bank Isn't Liable for a Foreclosed Firm's Debts

PNB acquired PASUMIL's foreclosed assets but wasn't liable for its debts. The Supreme Court explains when corporate veil piercing applies.

Confessions and Constitutional Rights: How Philippine Courts Balance Justice and Due Process in Criminal Cases

The Supreme Court clarifies when extrajudicial confessions are admissible and how circumstantial evidence can sustain a conviction in rape with homicide.

Breach of Professional Duty Attorneys Must Avoid Representing Conflicting Interests

Lawyers who represent conflicting interests violate the Code of Professional Responsibility and face suspension from the practice of law.

Prior Payment of Check Value as Defense in Bouncing Checks Cases

When does paying the check amount before prosecution bar a B.P. 22 conviction? The Supreme Court explains in Griffith v. Court of Appeals.

Percentage Tax on Commercial Brokers: Lessons from Nichimen Corporation

When does a branch office become a commercial broker liable for percentage tax? The Supreme Court clarifies in Nichimen Corporation.

Written Authority is Key: Upholding Property Rights in Corporate Transactions

A Supreme Court ruling clarifies why written consent matters in property deals involving mortgaged assets—and what parties must prove to claim possession.

Estoppel Bars Investor from Questioning Contract After Enjoying Its Benefits

Supreme Court ruling on estoppel: an investor cannot question a trading agreement's validity after benefiting from it and suffering losses.

Slightest Penetration Enough for Consummated Rape: Key Philippine Ruling

Philippine Supreme Court clarifies that the slightest penetration of the vagina consummates rape, even without hymenal laceration or full entry.

Slightest Penetration Consummated Rape Defined in Philippine Law

Philippine Supreme Court clarifies that slightest penetration of the labia consummates rape, even without hymenal laceration or full entry.

Redemption Rights: Upholding Mortgagor's Five-Year Redemption Agreement

Supreme Court affirms five-year redemption period for mortgagor, voiding subsequent sales that cut short the agreed term.

Judges Must File SALN: Lessons from a Cavite Judge's Suspension

A judge's failure to file Statements of Assets and Liabilities for years led to suspension. Learn the SALN rules under RA 6713 and RA 3019.

Foreclosure and the Right to Possession: Protecting Bank Assets in Liquidation

A bank in liquidation can still seek a writ of possession over foreclosed property. Learn the rules on jurisdiction, intervention, and redemption.