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.
Demand Is Key to Rescission Rights in Philippine Contract Law
Philippine Supreme Court clarifies that demand is essential before rescission or foreclosure rights can be exercised under contract law.
Res Judicata and Final Judgments: What Torres v. Medina Means for Litigants
The Supreme Court explains when a final judgment bars a new lawsuit, using a foreclosure dispute to illustrate res judicata's elements and limits.
Finality of Judgments: Why Prior Dismissals Can Prevent New Lawsuits
A dismissed case can bar a refiled lawsuit. The Supreme Court explains the doctrine of res judicata and finality of judgments.
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.
When a Financing Company Is Not a Mortgagee in Good Faith: Lloyd's Enterprises v. Dolleton
A financing firm that failed to inspect a mortgaged property cannot claim good faith. Learn the due diligence rule from this 2008 case.
Dilatory Tactics and the Five-Year Rule: When Delaying Execution Backfires
The Supreme Court condemns a losing party's dilatory tactics that delayed execution of a final judgment for years, clarifying the five-year rule on execution by motion.
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.
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.
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.
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.
Equitable Mortgage vs Pacto de Retro Sale: Property Rights in the Philippines
Philippine Supreme Court explains the difference between equitable mortgage and pacto de retro sale, and why mortgagees cannot simply consolidate ownership.
Forum Shopping and Appeal Jurisdiction: Traverse Development Corp. v. DBP
When a dismissal order raises only legal questions, appeal lies with the Supreme Court, not the Court of Appeals.
Paying Appellate Docket Fees on Time Is Mandatory for a Valid Appeal
Philippine Supreme Court ruling on why paying appellate docket fees on time is mandatory, and what happens when an appeal is filed without them.
Foreclosure Publication Requirements: Protecting Property Rights in Rural Bank Loans
Learn how strict publication rules in rural bank foreclosures protect property owners, and why buyers must verify possession before purchasing.
Equitable Mortgages Have No Redemption Right in Judicial Foreclosure for Private Mortgagees
In a judicial foreclosure of an equitable mortgage by a private lender, the mortgagor has no right of redemption after confirmation of sale.
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.
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.
Chattel vs Real Property: How Mortgage Classification Affects Foreclosure Rights
Philippine Supreme Court ruling on when machinery is chattel or real property, and why classification determines what a mortgage covers.
Homestead Redemption After Foreclosure: The 5-Year Right Under the Public Land Act
Homesteaders have a five-year right to repurchase foreclosed land under the Public Land Act, even after a bank consolidates title.
Mortgage Foreclosure After Death of a Debtor: Creditor Options in the Philippines
When a mortgagor dies, creditors have three legal options. Learn how extrajudicial foreclosure works under Philippine law.
Valid Service of Summons in Revival of Judgment Cases: Jurisdiction Lessons from Arcenas
Philippine Supreme Court ruling on when substituted service of summons is invalid in revival of judgment actions, and why courts must acquire jurisdiction over the defendant.
Recto Law Explained: Deficiency Claims After Chattel Mortgage Foreclosure
Understand Article 1484 (Recto Law) and when sellers can still recover attorney's fees after foreclosing on installment-sold personal property.