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 2548 of 67 articles for mortgage

Final Judgments Bind Successors in Interest: The Calubad Property Rule

A final court judgment binds buyers and mortgagees who acquire property after the ruling. Learn the Calubad case and due diligence lessons.

Writ of Possession in Philippine Foreclosures: Finality and the Lessons from HH & Co. v. Perlas

Learn when a writ of possession becomes final and executory in Philippine foreclosures, and why courts rarely recall it, based on HH & Co. v. Perlas.

Consent in Contracts: Supreme Court Voids Mortgage for Lack of Genuine Agreement

Supreme Court voids mortgage where a bank misled an elderly woman into signing a loan document she believed was a mere guarantee.

Laches in Philippine Law: How Delay Can Bar Your Legal Claims

Learn how the doctrine of laches can bar legal claims in the Philippines, even before the prescriptive period expires, through the Supreme Court's ruling in Ang v. Abaldonado.

Unconscionable Interest Rates: When 5% Monthly Loan Interest Is Void in the Philippines

Philippine courts void unconscionable loan interest rates even if borrowers agreed to them. Learn the rules, the legal interest substitute, and foreclosure effects.

Authority to File Suit: When a Missing SPA Defeats Court Jurisdiction

A complaint filed by an attorney-in-fact without a Special Power of Authority is invalid, depriving the court of jurisdiction over the case.

Assurance Fund Claims: When the Prescriptive Period Starts for Defrauded Landowners

The Supreme Court clarifies when the six-year period to claim the Assurance Fund begins for landowners defrauded under the Torrens system.

Revival of Judgment: Why It Must Be Filed with the RTC, Not the Court of Appeals

The Supreme Court clarifies that actions to revive a judgment must be filed with the Regional Trial Court, not the Court of Appeals.

Compulsory vs. Permissive Counterclaims: What Philippine Litigants Must Know

Learn the difference between compulsory and permissive counterclaims in Philippine courts, including docket fees, forum shopping, and the Alba v. Malapajo ruling.

Caveat Emptor in Philippine Real Estate: Why Buyers Must Verify Title Before Purchase

The Supreme Court's Ranara ruling shows why buyers must verify property titles—failure to do so can mean losing both the purchase price and improvements.

Voluntary vs. Involuntary Dealings: How to Register Property Agreements in the Philippines

Learn the difference between voluntary and involuntary dealings under Philippine property law, and why registering a conditional sale as an adverse claim can be a costly mistake.

Reconstitution of Land Titles: Proving Prior Existence Under RA 26

Philippine Supreme Court ruling on reconstitution of lost titles: proof of prior issuance is required under RA 26, not just a decree.

Missing Deed of Sale Does Not Invalidate Land Title: Presumption of Regularity Explained

A missing Deed of Sale does not automatically invalidate a TCT. Learn how the presumption of regularity protects registered land titles.

Dacion en Pago vs. Equitable Mortgage: Lessons from Villarta v. Talavera

The Supreme Court clarifies when a property transfer is a valid dacion en pago, not an equitable mortgage, in Villarta v. Talavera.

Supreme Court Voids 'Right to Top' Clause in Government Asset Sale: Osmeña v. PSALM

The Supreme Court invalidated a 'right to top' provision in a government land lease, reaffirming that competitive public bidding protects public interest.

Co-Ownership and Land Sales: When Selling a Definite Portion Is Invalid

A co-owner cannot sell a definite portion of undivided land without all co-owners' consent. Learn the rules from Cabrera v. Ysaac.

Extrinsic Fraud and Annulment of Judgment: What Litigants Must Know

The Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud, and explains the strict requirements for annulling a final judgment under Rule 47.

Motion for Reconsideration Before Certiorari: The Novateknika Rule

Philippine courts require a motion for reconsideration before filing certiorari. Learn the rule, its exceptions, and why it matters.

Partial Redemption in Philippine Foreclosure: Can You Redeem Select Properties?

Philippine law allows partial redemption of foreclosed properties. Learn the rules, limits, and practical implications from a key Supreme Court ruling.

Levy on Mortgaged Property in the Philippines: Sheriff's Duties Explained

Philippine Supreme Court clarifies that sheriffs may levy mortgaged properties to satisfy judgments, as debtors retain beneficial ownership until foreclosure.

Final Judgments in Philippine Courts: Supervening Events and the Doctrine of Immutability

Learn how the Supreme Court defines supervening events and why final judgments in the Philippines are generally immutable and unalterable.

Verification and Certification Against Forum Shopping: Why All Petitioners Must Sign

A single unsigned verification can dismiss a case. Learn the strict rules on certification against forum shopping from Formoso v. PNB.

Docket Fees and Jurisdiction: The David Lu Case on Actions Incapable of Pecuniary Estimation

Learn how the Supreme Court's David Lu ruling clarifies docket fees and jurisdiction for actions incapable of pecuniary estimation in Philippine courts.

Void Contracts and Recovery: The Good Faith Exception Under Article 1412

When a contract is void for illegality, can an innocent party recover what was paid? Magoyag v. Maruhom explains the good faith exception.