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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Foreclosure Sales Upholding Validity Despite Single Bidder
Philippine Supreme Court clarifies that extrajudicial foreclosure sales remain valid even with only one bidder, settling the two-bidder rule question.
Finality of Foreclosure: Rights and Duties After a Mortgage Default
What happens after a mortgage default and foreclosure sale becomes final? The Supreme Court clarifies the mortgagor's rights and duties.
Republication of Foreclosure Sale Notices: Protecting Third-Party Rights
When a foreclosure sale is postponed, the notice must be republished and reposted. The Supreme Court explains why in Metrobank v. Nikko Sources.
Publication Imperative Safeguarding Property Rights in Foreclosure Sales
Supreme Court rules strict publication of foreclosure sale notice is mandatory; failure invalidates sale and subsequent transfers.
Foreclosure Surplus: Mortgagor's Right to Excess Proceeds After Debt Recomputation
When a foreclosure sale yields more than the actual debt, the mortgagor is entitled to the surplus—with interest.
Writ of Possession in Foreclosure: Validity and Grounds for Annulment
Learn when a writ of possession is ministerial, when redemption ends, and the remedy to annul a foreclosure sale.
Chattel VS Real Property Foreclosure Sale Validity Hinges ON Agreed Classification
Newspaper Circulation and Foreclosure: Ensuring Public Notice in Property Sales
Supreme Court nullifies foreclosure sale because notice was published in a newspaper not circulated in the city where the property was located.
Redemption Rights in Foreclosure Sales: Scope and Transferability Under Philippine Law
The Supreme Court clarifies the scope of redemption rights in extrajudicial foreclosure sales and when such rights may be validly transferred.
Redemption Rights Interest Computation CUT OFF In Foreclosure Sales
Philippine Supreme Court ruling clarifies that in DBP foreclosure redemptions, interest stops accruing at the auction date.
Validity of Foreclosure Sale Timing Under Act 3135 Explained
Philippine Supreme Court ruling on whether an extrajudicial foreclosure auction must last the full 9 a.m. to 4 p.m. period under Act 3135.
Writ of Possession After Foreclosure: What Buyers at Auction Must Know
The Supreme Court clarifies that a writ of possession issues as a matter of right to a foreclosure sale purchaser, even if the mortgagor files an annulment case.
Unjust Enrichment in Foreclosure: A Mortgagee's Duty to Return Excess Proceeds
The Supreme Court ruled that a bank must return surplus proceeds from an extrajudicial foreclosure sale and cannot unilaterally apply them to unsecured debts.
Writ of Possession Annulment Case Does NOT Halt Ex Parte Issuance
The Supreme Court affirms that a pending annulment of foreclosure sale does not stop the ex parte issuance of a writ of possession.
Writ of Possession and Third-Party Rights: Protecting Possessory Interests in Foreclosure Sales
When can a foreclosure sale purchaser evict a third-party possessor? The Supreme Court explains limits on writs of possession.
Duty to Republish Notice in Extrajudicial Foreclosure: A Sheriff's Essential Obligation
Philippine Supreme Court clarifies that rescheduling an extrajudicial foreclosure sale requires republication of the notice, or the sale is invalid.
Writ OF Possession Ministerial Duty VS Redemption Rights IN Foreclosure Sales
Breach of Contract: Understanding Rescission in Real Estate Transactions
Learn how a defective foreclosure sale was voided by the Supreme Court and what it means for buyers and mortgagors.
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.
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.
Writ of Possession: What Foreclosure Sale Purchasers Should Know
Understanding the writ of possession in extrajudicial foreclosure sales, and why courts issue it as a ministerial duty to the purchaser.
Sheriff’s Duties and the Boundaries of Conduct in Foreclosure Sales
A sheriff’s fee demand before an auction can breach decorum. The Court fines a sheriff for conduct that put the judiciary in a compromising light.
Foreclosure Sales and Labor Claims: When Buyers Are Not Liable for a Mortgagor's Debts
The Supreme Court clarifies that a mortgagee-creditor who buys foreclosed assets does not automatically assume the mortgagor's labor liabilities.
Foreclosure Validity: Proper Notice and Publication in Extrajudicial Sales
Philippine Supreme Court clarifies posting and publication requirements for valid extrajudicial foreclosure sales under Act No. 3135.