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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Upholding Public Trust: A Sheriff’s Liability for Unauthorized Foreclosure Sales
A sheriff who conducted foreclosure sales outside court authority was suspended for six months for breaching public trust in the judiciary.
Writ of Possession Is Ministerial Duty Despite Pending Mortgage Disputes
Philippine Supreme Court ruling on why courts must issue writs of possession in foreclosure sales even when the mortgage validity is being challenged.
Deficiency Judgments in Foreclosure: When a Lender Can Still Collect After the Auction
A Philippine Supreme Court ruling confirms that lenders may recover any shortfall after an extrajudicial foreclosure sale — the debtor remains liable for the unpaid balance.
Possession After Foreclosure: Why the Buyer Wins the Writ of Possession
Buyers in extrajudicial foreclosure sales are entitled to possession of the property. The Supreme Court explains why in Samson v. Rivera.
Banks' Due Diligence in Foreclosure Sales and Rights of Land Reform Beneficiaries
A bank that forecloses on land without ocular inspection cannot eject land reform beneficiaries, as the Supreme Court ruled in Rural Bank of Sta. Ignacia v. Dimatulac.
Writ of Possession in Foreclosure: What Third-Party Claimants Must Know
Learn how the Supreme Court ruled on writs of possession in foreclosure sales and what third-party claimants must do to protect their rights.
Foreclosure Sales: Strict Compliance With Publication Requirements
When a postponed foreclosure sale proceeds without republication of notice, the sale is void. Learn the rules from Ouano v. Court of Appeals.
Foreclosure Sales: Filing an Appeal Does Not Stop a Writ of Possession
Philippine Supreme Court clarifies that an appeal against a writ of possession in extrajudicial foreclosures does not stay its implementation.
Waiver of Publication in Foreclosure Sales: Protecting Public Interest Over Private Agreements
Philippine Supreme Court rules parties cannot waive publication requirements in extrajudicial foreclosure sales under Act No. 3135.
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.
Foreclosure Sales: Bank's Right to Possession After Redemption Period Ends
Supreme Court ruling on a bank's right to possession of foreclosed property after the redemption period expires without redemption.
Sheriffs Overreach Resolving Redemption Disputes And Abuse OF Authority IN Foreclosure Sales
A sheriff who resolved a redemption dispute and issued a certificate of redemption usurped judicial power, earning a six-month suspension.
Reviving Redemption: Equitable Extension of Redemption Rights in Grossly Inadequate Foreclosure Sales
When can a court revive an expired right of redemption? The Supreme Court explains in Cometa v. Court of Appeals.
Lost Your Property to Foreclosure? Know Your Rights to Proper Notice in the Philippines
Learn how the Supreme Court protects borrowers from invalid foreclosure sales when banks fail to follow notice and publication rules.
Validating Foreclosure Sales: Due Process and Property Rights in Philippine Law
A 1999 Supreme Court ruling explains when extrajudicial foreclosure sales are valid despite claims of defective notice, low price, or holiday sale.
Premature Foreclosure and Damages Claims: What Happens After the Auction Sale
Philippine Supreme Court rules foreclosure sale does not moot a damages claim for premature foreclosure. Know the legal implications.
Sheriff Misconduct Consequences of Unauthorized Actions in Foreclosure Sales
A deputy sheriff's unauthorized foreclosure sale notice led to suspension. Learn the rules on venue and sheriff accountability.
Foreclosure Sales Ensuring Validity AND Protecting Property Rights IN THE Philippines
Learn how Philippine courts validate foreclosure sales and protect property rights through strict procedural compliance and equitable remedies.
Mortgage Foreclosure Surplus: Mortgagor Rights to Excess Bid Proceeds in the Philippines
Philippine Supreme Court ruling on mortgagor rights to surplus proceeds from extrajudicial foreclosure sales and writ of possession.
How to Contest a Foreclosure Sale in the Philippines: A Guide from GSIS v. Court of Appeals
Learn how to contest a foreclosure sale in the Philippines, including the remedy under Act No. 3135, based on the Supreme Court's ruling in GSIS v. Court of Appeals.
Foreclosure Sale Remedies in the Philippines: Act 3135 Explained
Philippine Supreme Court clarifies the remedy to set aside a foreclosure sale under Act 3135, and when courts may relax procedural rules.