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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Forged Check Nullifies Loan and Foreclosure: Lessons from PNB v. Giron-Roque
A forged check voids a loan and its foreclosure. Learn the banking diligence rules and borrower remedies from this Philippine Supreme Court case.
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.
Compromise Agreements and Foreclosure: Reasserting a Bank's Right to Possess
When borrowers default on a compromise agreement after foreclosure, a bank can secure a writ of possession as a matter of right.
GSIS Lands Foreclosed by Government Financial Institutions Are Subject to Agrarian Reform
Supreme Court rules GSIS-acquired lands from foreclosures are not exempt from agrarian reform coverage under RA 6657.
Judicial Demand as Cure for Default and Foreclosure Rights in Loan Agreements
How filing a complaint can cure lack of extrajudicial demand, and why collection and foreclosure are mutually exclusive remedies.
Foreclosure Writ of Possession: Appeal Does Not Stay Implementation
Supreme Court clarifies that an appeal of a writ of possession order in extrajudicial foreclosure does not suspend its implementation.
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.
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.
Buyer in Good Faith and Foreclosure Sales: When a Defective Auction Still Stands
The Supreme Court explains when a buyer in good faith can keep property even if the foreclosure sale had procedural defects.
Foreclosure Voided: Strict Compliance With Publication Requirements
Supreme Court voids foreclosure sale for lack of republication and reposting of rescheduled sale notice, affirming mandatory rules under Act No. 3135.
Condominium Foreclosure: When Does a Corporation Have Authority to Foreclose?
Supreme Court clarifies when a condominium corporation may extra-judicially foreclose a unit for unpaid assessments under the Condominium Act.
Taming Unconscionable Interest: Reassessing Loan Obligations and Attorney's Fees in Philippine Law
The Supreme Court clarifies how courts temper unconscionable loan interest rates and when attorney's fees may be awarded in foreclosure cases.
Foreclosure Sales and Repurchase Rights: Understanding Bank Discretion in Asset Disposition
Philippine Supreme Court clarifies that after the redemption period expires, former owners have no enforceable right to repurchase foreclosed property from the bank.
Interest After Foreclosure: When Contractual Obligations Continue to Run
Philippine Supreme Court clarifies when interest stops after foreclosure, emphasizing contractual obligations and the immutability of final judgments.
Immutability of Judgments in Foreclosure Interest Calculations and Redemption Rights
Supreme Court clarifies that final judgments on foreclosure interest cannot be modified, and redemption rights lapse without payment.
Bank's Failure to Release Loan Funds Nullifies Foreclosure of Mortgage
Philippine Supreme Court rules a bank's breach of a credit agreement bars foreclosure, explaining borrower's reciprocal obligation to pay only arises after full release of loan proceeds.
Mortgage Foreclosure: When Does the Right to Foreclose Prescribe?
Philippine Supreme Court clarifies when the prescriptive period for mortgage foreclosure begins, emphasizing the need to allege maturity dates and demand.
Writ of Possession for Subsequent Property Purchasers After Foreclosure
Learn when subsequent purchasers of foreclosed property can obtain a writ of possession, and the hearing requirement under Philippine law.
Res Judicata by Conclusiveness of Judgment Bars Relitigation of Equitable Mortgage
Final ruling that deeds of sale were equitable mortgages binds parties in later foreclosure case, explains the Supreme Court.
Writ of Possession After Foreclosure: A Ministerial Duty, Not a Discretionary Act
The Supreme Court affirms that issuing a writ of possession after extrajudicial foreclosure is ministerial once the buyer consolidates ownership, regardless of collateral challenges.
Writ of Possession Is Ministerial Duty Even If Mortgage Validity Is Challenged
Supreme Court rules writ of possession is a ministerial duty after foreclosure consolidation, regardless of challenges to mortgage validity or lender authority.
Writ of Possession in Foreclosure: When a Third Party's Claim Fails
Explains when a third party can block a writ of possession after foreclosure, and why a mere waiver of rights does not transfer ownership.
Mortgage Foreclosure Upholding Contractual Notice AND Loan Coverage Requirements
Supreme Court ruling on forged SPA in mortgage foreclosure, requiring lenders to verify authority and giving borrowers protection.
Filing an Annulment Case Does Not Stop the Redemption Period in Foreclosure Sales
Philippine Supreme Court clarifies that filing an annulment case does not toll the one-year redemption period in extrajudicial foreclosure sales.