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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Perfecting Appeals Strict Compliance With Rules OF Court IS Mandatory
Learn how the Supreme Court ruled on writs of possession, third-party adverse claims, and strict procedural compliance in extrajudicial foreclosures.
Mortgage Foreclosure: Clarifying Rights and Procedures in Disputed Property Cases
Learn how the Supreme Court clarified extrajudicial foreclosure rules, writ of possession, and procedural requirements in disputed mortgage cases.
Injunction Against Bank Foreclosure: When Borrowers Cannot Stop the Sale
Supreme Court explains when courts may issue injunctions to stop extrajudicial foreclosure, and why defaulting borrowers cannot rely on disputed interest rates.
Preliminary Injunction and Foreclosure: When Mortgagors Can Stop a Sale
The Supreme Court clarifies when a mortgagor may obtain a preliminary injunction to stop an extrajudicial foreclosure sale.
Writ of Possession Stays Ministerial Despite Foreclosure Irregularity Claims
Explaining when courts must issue writs of possession in extrajudicial foreclosures, and when objections may be raised.
Where Can a Mortgage Be Foreclosed in the Philippines? Venue Rules Explained
Philippine Supreme Court clarifies venue and scope of extrajudicial foreclosure, including what happens when a mortgage covers only part of a loan.
Foreclosure Sales in the Philippines: The Legal Weight of Notice and Publication
A Supreme Court ruling clarifies the requirements for notice and publication in extrajudicial foreclosure sales under Act No. 3135.
Sheriff's Duty in Extrajudicial Foreclosure: When Stubborn Reliance on Obsolete Rules Costs a Career
A sheriff's dismissal for gross neglect of duty in extrajudicial foreclosure shows why court officers must keep abreast of procedural rules.
Upholding Foreclosure Validity: Notice Requirements and Mortgagor Obligations
Supreme Court clarifies posting and publication rules in extrajudicial foreclosure, and when mortgagors are estopped from challenging a sale.
Preliminary Injunctions in Foreclosure: Clear Legal Right Required
Philippine Supreme Court ruling on when courts may issue preliminary injunctions to stop extrajudicial foreclosure sales.
Publication Requirements in Extrajudicial Foreclosure: Protecting Mortgagors' Due Process
Philippine Savings Bank v. Geronimo clarifies that strict compliance with publication requirements is essential for a valid extrajudicial foreclosure.
When a Constitutional Question Is Ripe for Court Intervention: Defining Judicial Review Limits
Philippine Savings Bank v. Geronimo clarifies the ripeness doctrine and the burden of proving compliance with publication requirements in extrajudicial foreclosures.
Writ of Possession and Foreclosure: When a Threat to Foreclose Does Not Vitiate Consent
Supreme Court ruling on extrajudicial foreclosure, simulated contracts, and why a threat to enforce a legal claim does not vitiate consent.
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.
Cooperative Fees Supreme Court Limits Exemptions In Foreclosure Proceedings
Supreme Court clarifies that cooperatives' exemption from court fees under the Cooperative Code does not apply to extrajudicial foreclosure petitions.
Writ of Possession in Extrajudicial Foreclosure: No Certification Against Forum Shopping Required
Learn why the Supreme Court ruled that an ex parte petition for a writ of possession is not an initiatory pleading, so no certification against forum shopping is needed.
Foreclosure Notice Requirements: BPI v. Puzon on Posting, Publication, and Presumption of Regularity
Supreme Court clarifies notice requirements in extrajudicial foreclosure, upholding sale where publication was made and presumption of regularity applied.
Upholding Foreclosure Validity When Technicalities Yield to Substantial Compliance
Supreme Court clarifies that minor defects in posting certificates don't invalidate extrajudicial foreclosure when publication and notice requirements are substantially met.
When Courts Can Stop a Foreclosure: Preliminary Injunctions in Mortgage Disputes
The Supreme Court explains when a court may issue a preliminary injunction to stop a bank's extrajudicial foreclosure pending trial.
Valid Publication in Extrajudicial Foreclosure: Reasserting Creditors' Rights
Philippine National Bank v. Maraya clarifies that publication of notice in extrajudicial foreclosure is mandatory, not excusable by the debtor's knowledge.
Possession Is Nine Tenths of the Law: Enforceability of a Writ of Possession During Appeal
Philippine Supreme Court clarifies when a writ of possession in extrajudicial foreclosures can be enforced even while an appeal is pending.
Mortgagor's Stipulated Right to Notice Prevails in Foreclosure Proceedings
Supreme Court rules banks must honor contractual stipulations requiring personal notice to mortgagors before extrajudicial foreclosure, or risk nullifying the sale.
Redemption Rights Strict Tender Of Full Payment Required In Foreclosure Cases
Philippine Supreme Court ruling on strict tender of full payment for property redemption after extrajudicial foreclosure.
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.