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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Challenging Foreclosure When Courts Must Halt Mortgage Proceedings
When can courts dismiss appeals for incomplete attachments? Galvez v. CA clarifies the rules on foreclosure challenges and procedural compliance.
Compromise Agreements: A Strategic Tool to Nullify Preliminary Attachments in Philippine Litigation
How a compromise agreement can render preliminary attachment cases moot, dissolve writs, and end litigation under Philippine law.
Mortgage Priority Good Faith Trumps Subsequent Attachment In Property Disputes
Supreme Court ruling on mortgage priority, good faith, and why unregistered attachments don't defeat prior real estate mortgages.
Municipal Immunity vs Contractual Obligations: Balancing Public Interest and Private Rights
Supreme Court clarifies when local governments can be sued on contracts and why their properties remain protected from attachment.
Fraudulent Inducement and Preliminary Attachment When Allegations Mirror the Cause of Action
When fraud is both the ground for attachment and the core of the complaint, only a counter-bond can discharge the writ.
Attachment vs. Unregistered Sale: Who Has the Better Right Over Land?
A registered writ of attachment generally beats an earlier unregistered deed of sale, but knowledge of the prior sale can change the outcome. Here is how the Court ruled.
Breach of Preliminary Attachment: Officials Liable for Undue Injury Under RA 3019
Supreme Court rules local officials who released retention money despite a writ of preliminary attachment face criminal liability under RA 3019.
Fraudulent Inducement and Preliminary Attachment: Protecting Sureties From Unsubstantiated Claims
A bank's general fraud allegations cannot justify preliminary attachment against sureties who did not participate in the loan transaction.
Perfected Contract of Sale vs. Writ of Preliminary Attachment: Balancing Obligations with Due Process
A Supreme Court ruling clarifies when a contract of sale is perfected and when a writ of preliminary attachment may be improperly issued.
Innocent Purchaser For Value: When Prior Attachment Defects Don't Erase Property Rights
Philippine Supreme Court ruling on attachment registration, innocent purchaser doctrine, and property rights under PD 1529.
Priority of Attachment Liens Over Prior Unregistered Sales of Real Property
When an attachment lien is registered before a sale, the lien prevails. Learn the priority rules under PD 1529.
When a Lawyer's Statement Decides the Case: The Fraud Requirement for Preliminary Attachment
A bank's failure to prove fraud with specific facts, not just general allegations, led to the discharge of its writ of preliminary attachment.
Shares of Stock and Due Diligence: Examining the Duty to Verify Ownership in Legal Disputes
A look at Jimmy T. Go v. Abrogar, where the Supreme Court ruled on the duty to verify share ownership before claiming attachment rights.
Sovereign Solvency: Why the Republic Is Exempt From Attachment Bond Requirements
The Supreme Court affirms that the Republic of the Philippines, as a sovereign, is exempt from posting attachment bonds in civil cases.
Safeguarding Assets: Understanding Preliminary Attachment in Philippine Debt Recovery
Learn how Philippine courts handle writs of possession after extrajudicial foreclosure, and why procedural rules like the hierarchy of courts matter.
Protecting Property Rights: Third-Party Claims in Attachment Proceedings
Learn how third-party claimants must protect property rights in attachment cases under Rule 57, as clarified by the Supreme Court.
Third-Party Claims in Attachment: Following Rule 57’s Prescribed Remedies
A third-party claimant cannot shortcut attachment rules. The Supreme Court in Florido v. Shemberg clarifies the proper remedy under Rule 57.
The Counter Bond Conundrum: Ensuring Fair Attachment in Philippine Courts
Philippine Supreme Court clarifies how courts should compute counter-bonds to discharge preliminary attachment, preventing excessive demands on debtors.
Breach of Contract and Preliminary Attachment: D.M. Wenceslao v. Readycon
Supreme Court clarifies when a wrongful attachment claim succeeds and when a contract balance becomes due, in a construction supply dispute.
When a Prior Unregistered Sale Loses to a Registered Attachment Lien
A registered attachment lien beats an earlier unregistered sale under the Torrens system. Learn the rule from Luz Du v. Stronghold Insurance.
Priority Disputes: Registered Attachment vs Unregistered Sale in Property Law
A registered attachment beats an unregistered sale in Philippine property law, even if the sale happened first. Learn the rule from Du v. Stronghold.
When a Surety’s Guaranty Does Not Bind the Conjugal Partnership: The Ching Case
The Supreme Court clarifies when a spouse's suretyship binds the conjugal partnership, and the rights of a wife to challenge an attachment.
Priority OF Liens When A Prior Attachment Beats A Subsequent Sale IN Property Disputes
Priority of Registered Attachment Liens: Protecting Creditors in Real Property Sales
When a registered attachment lien beats an unregistered sale: lessons from Biñan Steel v. Garcia on creditor protection in Philippine property law.