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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Third-Party Mortgages and Stay Orders: Scope Under Philippine Rehabilitation Law
Philippine Supreme Court clarifies that stay orders in corporate rehabilitation do not cover third-party or accommodation mortgages under the Interim Rules.
Mortgage on Condominium Land Void Without HLURB Approval: PBCom v. Pridisons
Supreme Court rules mortgages on land intended for condominium projects need HLURB approval under PD 957, protecting buyers over banks.
Corporate Rehabilitation Separate Juridical Personality Prevails Over Third Party Mortgages
Supreme Court clarifies that corporate rehabilitation stay orders do not cover properties owned by third-party mortgagors.
Ratification Validates Unauthorized Acts: Agency Law in Philippine Mortgages
Explaining how ratification under Philippine law validates an agent's unauthorized mortgage acts, as ruled in Prieto v. Court of Appeals.
Understanding Dragnet Clauses in Philippine Real Estate Mortgages
Learn how dragnet clauses in Philippine real estate mortgages work, their legal limits, and how courts interpret these all-important security provisions.
Mortgage in Bad Faith: Protecting Co-Owner Rights in Real Estate Transactions
When a co-owner mortgages shared property without authority, the mortgage binds only that co-owner's share if the lender fails due diligence.
Implied Trusts in Philippine Mortgages: Protecting the True Lender
When a mortgage names one person but another funds the loan, Philippine courts may impose an implied trust to protect the true lender.
Mortgage Priority Good Faith Trumps Subsequent Attachment In Property Disputes
Supreme Court ruling on mortgage priority, good faith, and why unregistered attachments don't defeat prior real estate mortgages.
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.
Unraveling Real Estate Mortgages When Does A Debt Secure Future Obligations
Philippine Supreme Court clarifies when real estate mortgages secure future obligations and the strict standards for preliminary mandatory injunctions.
Novation Requires Clear Agreement: Loan Restructuring and Foreclosure Rights
Supreme Court clarifies that accepting partial payments does not automatically novate a loan, and banks may still foreclose on defaulted mortgages.
Forged Signatures and Defective Acknowledgments: Protecting Property Rights in Real Estate Mortgages
Learn how defective notarization and forged signatures can invalidate a real estate mortgage, protecting property owners' rights.
Homestead Patents and Mortgage Restrictions: Protecting Family Lands From Encumbrances
The Supreme Court voids mortgages on homestead lands made within five years of patent issuance, protecting family properties from premature encumbrances.
Unconscionable Interest Rates THE Supreme Courts Intervention IN Equitable Mortgages
Equitable Mortgage VS Absolute Sale Protecting Vulnerable Parties IN Property Transactions
Learn how Philippine courts protect vulnerable parties in property deals, distinguishing equitable mortgages from absolute sales to prevent exploitation.
Dragnet Clauses in Mortgages: When Future Debts Are Secured Beyond the Initial Loan
Philippine Supreme Court explains how dragnet clauses in real estate mortgages cover future debts, and what borrowers must pay to redeem foreclosed property.
Family Home Protection Consent Requirements IN Real Estate Mortgages Involving Married Couples
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.
Unsigned Stipulations in Mortgages: Philippine Supreme Court Upholds Consent as Key
Philippine Supreme Court rules a mortgage stipulation inserted after signing without the mortgagor's consent is void ab initio.
Interest on Interest in Philippine Mortgages: The Cuyco Case Explained
The Supreme Court explains when unpaid interest earns further interest in mortgage foreclosures, and when future loans need not be secured.
Loan Agreements and Chattel Mortgages: When Can a Signed Contract Be Challenged
A signed loan document isn't always binding. Learn when Philippine courts allow borrowers to challenge promissory notes and chattel mortgages.
Trust Receipts vs Mortgage: Who Owns the Goods in Philippine Law?
Philippine Supreme Court ruling on trust receipts versus chattel mortgages, ownership disputes, and the rights of entrustors over mortgaged goods.
Mortgage Agreements Defining THE Limits OF A Debtors Liability IN Philippine LAW
Philippine Supreme Court ruling on dragnet clauses in mortgages and their effect on a debtor's liability limit.
Estate Mortgage Invalidity Securing Court Approval FOR Estate Property Transactions
Philippine Supreme Court ruling on why estate property mortgages require court approval under Rule 89, with practical guidance.