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 529552 of 566 articles for loan

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.

Nationwide Reach of Replevin Writs: Jurisdiction and Enforcement in Philippine Courts

Philippine courts can enforce replevin writs nationwide. Learn how jurisdiction is determined and what it means for creditors and debtors.

Equitable Mortgage vs. Sale With Right to Repurchase: Philippine Supreme Court Ruling

Philippine Supreme Court explains when a "sale with right to repurchase" is actually an equitable mortgage, protecting borrowers from unfair foreclosure.

Receipts as Proof of Sale: Understanding Contract Perfection in Philippine Real Estate Law

When does a real estate sale become binding? The Supreme Court explains receipt requirements, fraud, and contract perfection in this Philippine case.

Execution Pending Appeal in Philippine Courts: When "Good Reasons" Are Not Enough

Philippine courts rarely allow execution of judgments pending appeal. Learn the strict "good reasons" rule from Maceda v. DBP.

Article 125 and the Proper Judicial Authority: Filing Before the MTC Stops the Detention Clock

Filing a complaint with the MTC counts as delivering a detainee to the proper judicial authority under Article 125, even without trial jurisdiction.

Unmasking Express Trusts in Philippine Property Law: Co-Ownership vs True Ownership

When a deed of sale is actually an express trust, the titled "owner" holds only as trustee. This case explains the difference.

Protecting Employee Benefits: Non-Diminution and Publication Rules in Philippine Law

Learn how the Supreme Court protected incumbent employee benefits under RA 6758 and voided an unpublished DBM circular that would have removed them.

Mortgage Foreclosure After Death of a Debtor: Creditor Options in the Philippines

When a mortgagor dies, creditors have three legal options. Learn how extrajudicial foreclosure works under Philippine law.

Lost Your Appeal Understanding Certiorari AND Final Judgments IN Philippine Courts

Learn how Philippine courts treat petitions for review on certiorari, final judgments, and due process in administrative proceedings.

Legal Interest Rates in the Philippines: When Does 6% vs 12% Apply

Philippine Supreme Court clarifies when 6% or 12% legal interest applies—loans and forbearance versus other obligations. Learn the rules.

Philippine Legal Interest on Loans: When Does 12% Apply? Villanueva v. CA Explained

Learn when 12% legal interest applies to unpaid loans in the Philippines, based on the Supreme Court's ruling in Villanueva v. Court of Appeals.

Stock Pledge in the Philippines: When Can a Pledgee Demand Ownership and Stock Transfer

Philippine Supreme Court ruling on when a pledgee of shares can demand stock transfer and ownership rights under a contract of pledge.

Corporate Mergers and Contract Enforcement: Successor Liability in the Philippines

When a Philippine corporation merges, the surviving company assumes all rights and liabilities—even for contracts signed after the merger agreement.

Absolute vs Conditional Sale Understanding Philippine Real Estate Contracts

Learn the key differences between absolute and conditional sales in Philippine real estate, and what the Supreme Court says about buyer and seller rights.

Due Process in Administrative Cases: Formal Hearings Are Mandatory for Elected Officials

The Supreme Court rules that administrative cases against elected officials require formal hearings, not just position papers, to satisfy due process.

Withdrawal of an Administrative Complaint: Does It Auto-Dismiss Cases Against Court Personnel?

Withdrawing an administrative complaint against court personnel does not automatically end the case. The Supreme Court explains when dismissal is proper.

Surety vs. Guaranty in Philippine Law: Key Differences and Liability

Learn the difference between surety and guaranty under Philippine law, and why contract wording—not titles—determines your liability.

Protecting Loan Security: How Mortgagees Can Secure Insurance Claims in the Philippines

Learn how mortgagees can secure insurance proceeds under Philippine law, based on the Supreme Court's ruling in Rizal Commercial Banking Corp. v. Goyu & Sons.

Franchise Boundaries: When NPC Can Supply Power Over Existing Franchises

Philippine Supreme Court ruling on when NPC may directly supply power within areas covered by existing electric franchise holders.

Mortgage Contracts and Future Advances: Understanding the Scope of Security in Philippine Law

When does a real estate mortgage cover future loans beyond the stated amount? The Supreme Court explains in Quintanilla v. RCBC.

Subrogation in Philippine Law: Recovering Debt After Paying Another's Mortgage

Explaining subrogation under Philippine law through a Supreme Court ruling on a partner who paid a co-debtor's mortgage.

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.