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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Mortgagee in Good Faith in the Philippines: What Jimenez v. Jimenez, Jr. Means for Property Owners
Learn how the mortgagee in good faith doctrine protects lenders and foreclosure buyers in the Philippines, explained through the Jimenez case.
Lost Court Records and Prescription: Lessons from a Philippine Supreme Court Case
When loans and mortgages go uncollected for years, prescription can cancel them. A 2021 Supreme Court ruling explains how.
Abuse of Rights in Philippine Law: A Case Study on Mortgage and Property Transactions
The Supreme Court clarifies the abuse of rights principle under Article 19, showing when a bank employee's blunt remarks do not amount to bad faith.
Mortgage Foreclosure and Prescription in the Philippines: Key Lessons from a Landmark Case
Learn how prescription periods affect mortgage foreclosure in the Philippines, based on the Supreme Court's ruling in Active Wood Products v. State Investment House.
Forum Shopping and Jurisdictional Challenges in Real Estate Mortgage Disputes
Learn how filing separate cases on mortgage validity and foreclosure can constitute forum shopping, and why the HLURB has exclusive jurisdiction.
Mortgage Sales and Interest Claims: Lessons from DBP v. Heirs of Danico
A Supreme Court ruling clarifies when buyers of mortgaged property become liable for interest and how mortgage obligations are enforced.
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.
Understanding the Special Power to Sell in Real Estate Mortgages: A Supreme Court Ruling
Learn how the Supreme Court clarified what constitutes a valid special power to sell in extrajudicial foreclosure of real estate mortgages.
Mortgagee in Good Faith: Protecting Banks and Borrowers in Property Transactions
Supreme Court ruling on mortgagee in good faith doctrine and banks' duty of diligence in property loans.
Bank Liquidation Jurisdiction and Claims Against Insolvent Banks in the Philippines
When a bank enters liquidation, all claims against it—including mortgage disputes—must be filed with the liquidation court, not regular courts.
Mortgage Validity and Damage Claims: Lessons from a Landmark Philippine Supreme Court Case
Learn how the Supreme Court ruled on mortgage validity despite notarization flaws and when damages are improperly awarded.
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.
Compromise Agreements VS Mortgage Rights CAN Banks Foreclose After Restructuring Loans
Writ of Possession After Foreclosure: Third-Party Claims in Philippine Mortgage Sales
Philippine Supreme Court ruling on writ of possession in mortgage foreclosures, explaining when third-party adverse claims can block eviction.
Continuing Security Mortgage Coverage Beyond Initial Credit Agreements
Explaining the Supreme Court ruling on when deeds of assignment serve as continuing security for credit facilities, and why summary judgment was properly denied.
Equitable Mortgage vs Sale With Right to Repurchase: Redemption Rights and Prescription
Philippine Supreme Court clarifies when redemption periods apply in equitable mortgages versus sales with pacto de retro.
Equitable Mortgage VS Sale Protecting Property Rights IN Loan Agreements
Mortgage Foreclosure and Third-Party Property: UCPB's Duty to Protect Borrower Interests
When a bank forecloses property mortgaged by a third party without the owner's consent, the Supreme Court protects the true owner's rights.
When a Mortgage on Trust Property Is Void: UCPB v. Spouses Chua
The Supreme Court rules that a bank cannot foreclose on properties held in trust when the trustee had no authority to mortgage them.
Breach of Contract When Personal Notice in Foreclosure Is a Must
When a mortgage contract requires personal notice of foreclosure, the bank must comply—or the sale is void.
When Banks Fail to Protect Vulnerable Parties: Mortgage in Bad Faith Under Philippine Law
Philippine National Bank v. Spouses Anay: banks cannot claim good-faith mortgagee status when they ignore obvious signs of vitiated consent.
Presumption of Consideration: Bank's Good Faith Upholds Mortgage Despite Forged Deed Claim
Supreme Court rules a bank's good faith reliance on a Torrens title protects its mortgage even if the prior deed was allegedly forged.
Mortgage in Good Faith: How Banks Are Protected in Registered Land Transactions in the Philippines
The Supreme Court explains when a bank-mortgagee in good faith is protected even if the mortgagor's title came from a forged deed.
Annulment of Mortgage and Jurisdiction: When Is an Action Beyond Pecuniary Estimation?
The Supreme Court clarifies when an action to annul a real estate mortgage is incapable of pecuniary estimation, affecting which court has jurisdiction.