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.
Mortgage in Good Faith: Banks vs Unregistered Land Sales in the Philippines
When does a bank lose protection as a mortgagee in good faith? The Supreme Court clarifies the rule on unregistered land sales.
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.
Equitable Mortgage Ruling Reasserts Mortgagor Rights in Property Disputes
Supreme Court clarifies that in equitable mortgages, reconveyance to the mortgagor is the principal remedy—not payment of fair market value.
Overcoming Jurisdictional Hurdles in Philippine Property Disputes: The Philippine Veterans Bank Case
Learn how the Supreme Court clarified jurisdictional boundaries between courts and DARAB in expropriation cases involving agrarian reform lands.
Continuing Security: How Future Debts Can Affect Real Estate Mortgages in the Philippines
The Supreme Court explains how a real estate mortgage can secure future loans, not just the original debt, through continuing guaranty clauses.
When Cross Collateral Clauses Clash With Verbal Agreements: Understanding Mortgage Obligations
The Supreme Court clarifies that bank branch managers cannot verbally alter mortgage contracts containing cross-collateral or dragnet clauses.
Adverse Claims and Execution Liens: Priority Rules in Philippine Property Law
When an adverse claim is annotated on a title before a levy on execution, the earlier claim prevails. This case explains the priority rule.
Unjust Refusal of Payment: When Creditors Must Accept Loan Proceeds
Explaining when a creditor's unjust refusal to accept payment has legal consequences, and why tender and consignation still matter under Philippine law.
Real Action vs Annulment: How Courts Determine Proper Docket Fees in Property Disputes
Philippine Supreme Court clarifies when an annulment of sale case is a real action requiring higher docket fees based on property value.
Rehabilitation Petitions Technical Insolvency AND Creditors Rights IN Corporate Recovery
Philippine Supreme Court clarifies when a technically insolvent corporation may file for rehabilitation and how creditor rights are affected.
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.
Certiorari vs Appeal: Choosing the Proper Remedy in Philippine Law
Philippine Supreme Court explains why appeal and certiorari are mutually exclusive remedies, and why procedural rules matter in extraordinary actions.
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.
Usury Law and Contractual Obligations: Striking the Balance in Loan Agreements
The Supreme Court clarifies how the Usury Law interacts with loan restructuring, refinancing, and the binding force of contracts in DBP v. CA.
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.
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.
Documentary Stamp Tax on Pawnshop Pledges: A Clear Guide
The Supreme Court confirms pawnshop pledges are subject to documentary stamp tax under the National Internal Revenue Code. Learn the rules.
Family Home Exemption: When Creditors Can Seize Your Property in the Philippines
The family home exemption protects Filipino families from creditors—but not for debts incurred before the home was constituted. Learn the rules.
Dragnet Clauses in Mortgages: Limits on Securing Future Debts with Existing Collateral
Philippine Supreme Court clarifies when a dragnet clause in a real estate mortgage covers future loans, and when separate security prevails.
Upholding Ethical Conduct: An Attorney's Duty to Fulfill Financial Obligations and Maintain Honesty
A lawyer who acquires client property entrusted to him commits gross misconduct warranting disbarment under the Code of Professional Responsibility.
Unmasking Equitable Mortgages in the Philippines: A Guide for Property Buyers and Sellers
When is a deed of sale actually a loan? Learn how Philippine courts unmask equitable mortgages and protect property buyers and sellers.
Loan Agreements: The Bank's Obligation to Release Funds and Consequences of Non-Compliance
When can a bank withhold loan proceeds? Philippine National Bank v. RBL Enterprises clarifies the rules on loan release, conditions precedent, and damages.
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.
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.