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.
Dilatory Tactics and the Five-Year Rule: When Delaying Execution Backfires
The Supreme Court condemns a losing party's dilatory tactics that delayed execution of a final judgment for years, clarifying the five-year rule on execution by motion.
Tax Refund vs Deficiency: The Rules on Set-Off in Philippine Tax Law
Philippine Supreme Court clarifies when tax refunds can be set off against tax deficiencies, and the limits of compromise agreements in tax settlements.
Default Doesn't Mean Victory: Why Plaintiffs Still Need Evidence in Philippine Courts
A default order doesn't guarantee a win. Philippine courts still require plaintiffs to prove their case by preponderance of evidence.
Equitable Mortgage vs Pacto de Retro Sale: Philippine Real Estate Security Rules
Philippine Supreme Court clarifies when a deed of sale with right to repurchase is actually an equitable mortgage, protecting borrowers from losing property.
Equitable Mortgage vs Absolute Sale: Protecting Your Property Rights in the Philippines
When is a deed of absolute sale actually an equitable mortgage? Philippine law protects borrowers who sign sale documents to secure loans.
Equitable Mortgage vs Pacto de Retro Sale: Property Rights in the Philippines
Philippine Supreme Court explains the difference between equitable mortgage and pacto de retro sale, and why mortgagees cannot simply consolidate ownership.
Option to Purchase vs Contract to Sell: Understanding Property Rights and Obligations
The Supreme Court clarifies the distinction between an option to purchase and a contract to sell, and the consequences of failing to comply with their terms.
Mistake of Law vs Mistake of Fact: Grounds for Relief from Judgment in the Philippines
Philippine Supreme Court clarifies that only mistakes of fact, not errors of law, justify relief from judgment under Rule 38.
Upholding Mortgage Foreclosure Waiver and Estoppel in Property Redemption
A mortgagor who attempts to redeem foreclosed property waives defects in the foreclosure sale and is estopped from later challenging its validity.
Usury Law Suspension, Freedom to Contract, and Unconscionable Interest Rates in Loan Agreements
Philippine Supreme Court ruling on whether courts can reduce interest rates agreed upon by parties after the Usury Law suspension.
Redemption Rights: Upholding Mortgagor's Five-Year Redemption Agreement
Supreme Court affirms five-year redemption period for mortgagor, voiding subsequent sales that cut short the agreed term.
Redemption by Heirs After Tax Sale: Tondo Foreshore Lot Case
When a co-owner repurchases property after a tax sale, the redemption may benefit all heirs. Learn the rules from this Philippine Supreme Court case.
Reversion Rights After Expropriation: What MCIAA v. Chiongbian Means for Landowners
When government expropriation is unconditional, former owners generally cannot reclaim land even if the public purpose ends. Learn the rules.
When Can a Philippine Judge Act as Notary Public? Limits and Unauthorized Practice of Law
Philippine MTC judges may notarize only court-related documents, not private deeds. Learn the limits and penalties from a Supreme Court ruling.
Deed of Sale or Loan Understanding: Equitable Mortgage in Philippine Property Law
When is a deed of sale really an equitable mortgage? The Supreme Court clarifies the rules on when courts will presume a loan arrangement.
Pacto de Retro Sales in the Philippines: When a Land Sale Is Not an Equitable Mortgage
Philippine Supreme Court ruling clarifies when a pacto de retro sale stands as a true sale, not an equitable mortgage.
When a "Sale" Is Really an Equitable Mortgage: Lessons from Aguirre v. Tupas
Philippine Supreme Court ruling on when a deed of absolute sale is presumed an equitable mortgage under the Civil Code.
Homestead Redemption After Foreclosure: The 5-Year Right Under the Public Land Act
Homesteaders have a five-year right to repurchase foreclosed land under the Public Land Act, even after a bank consolidates title.
Equitable Mortgage vs. Pacto de Retro Sale: When a "Sale" Is Really a Loan
Philippine courts look beyond contract labels. Learn how Articles 1602 and 1603 protect borrowers from disguised loans and unfair foreclosure.
Security of Tenure for Tenant Farmers: Upholding Leasehold Rights in the Philippines
The Supreme Court reaffirmed tenant farmers' security of tenure, ruling that land sale does not extinguish agricultural leasehold rights.
Redemption Rights Under the Public Land Act: A Guide for Heirs and Mortgagors
Learn how the two-year redemption and five-year repurchase periods work for foreclosed Public Land Act properties, and what heirs should know.
Equitable Mortgage vs. Pacto de Retro Sale: When a "Sale" Is Really a Loan
Philippine law presumes certain "sales with right to repurchase" are equitable mortgages, protecting borrowers from unfair lending arrangements.
Right of Repurchase in Philippine Real Estate: Pacto de Retro Rules Explained
Learn the rules on pacto de retro sales and the right of repurchase in Philippine real estate, including annotation duties and judicial requirements.