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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Filing an Annulment Suit Does Not Extend the Redemption Period in Foreclosure
Philippine Supreme Court ruling clarifies that filing an annulment suit does not stop the redemption period in extrajudicial foreclosure.
Writ of Possession After Foreclosure: When It Becomes a Ministerial Duty
Learn when a writ of possession after extrajudicial foreclosure becomes a ministerial duty of the court, and why pending cases do not stop it.
Validity of Foreclosure Sale Timing Under Act 3135 Explained
Philippine Supreme Court ruling on whether an extrajudicial foreclosure auction must last the full 9 a.m. to 4 p.m. period under Act 3135.
Writ of Possession Is Ministerial Duty, Not a Venue for Fraud Claims
The Supreme Court clarifies that a writ of possession in extrajudicial foreclosure is a ministerial duty, not subject to fraud claims.
Writ of Possession After Foreclosure: Ministerial Duty of Courts Explained
Learn when courts must issue writs of possession after extrajudicial foreclosure and why pending cases questioning mortgage validity do not stop it.
Understanding Forum Shopping and Writ of Possession in Philippine Foreclosure Law
The Supreme Court clarifies forum shopping, real party-in-interest rules, and the ministerial nature of writs of possession in extrajudicial foreclosures.
Writ of Possession as Ministerial Duty: Rayo v. Metrobank on Due Process Limits
The Supreme Court affirms that a writ of possession after extrajudicial foreclosure is a ministerial duty, even if issued ex parte. Learn the limits of due process claims.
Unjust Enrichment in Foreclosure: A Mortgagee's Duty to Return Excess Proceeds
The Supreme Court ruled that a bank must return surplus proceeds from an extrajudicial foreclosure sale and cannot unilaterally apply them to unsecured debts.
Duty to Republish Notice in Extrajudicial Foreclosure: A Sheriff's Essential Obligation
Philippine Supreme Court clarifies that rescheduling an extrajudicial foreclosure sale requires republication of the notice, or the sale is invalid.
Mortgage Foreclosure: Why Stipulated Notice Requirements Matter in Real Estate Contracts
Philippine Supreme Court ruling on extrajudicial foreclosure: stipulated notice requirements in mortgage contracts are mandatory and enforceable.
Real Estate Foreclosure in the Philippines: Notice Requirements and Due Process
A look at Guanco v. Antolo and why strict notice and posting rules govern extrajudicial foreclosure sales in the Philippines.
Extinguishment of Debt by Overpayment and Nullification of Extrajudicial Foreclosure
When overpayment extinguishes a mortgage debt, a foreclosure based on alleged default has no legal basis and may be voided.
Due Process Prevails in Property Disputes: When a Writ of Possession Cannot Be Enjoined
The Supreme Court clarifies when a writ of possession in extrajudicial foreclosures is ministerial and when due process protects third-party possessors.
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.
Safeguarding Assets: Understanding Preliminary Attachment in Philippine Debt Recovery
Learn how Philippine courts handle writs of possession after extrajudicial foreclosure, and why procedural rules like the hierarchy of courts matter.
Writ of Possession: What Foreclosure Sale Purchasers Should Know
Understanding the writ of possession in extrajudicial foreclosure sales, and why courts issue it as a ministerial duty to the purchaser.
Pledged Shares and Lost Chances: No Right of Redemption in Philippine Pledge Law
Philippine Supreme Court clarifies that pledged personal property, including shares of stock, has no right of redemption after extrajudicial foreclosure.
Redemption Rights Upholding Timeliness IN Foreclosure Cases
Learn how the Supreme Court enforced strict deadlines for property redemption after extrajudicial foreclosure, and why timing matters.
Foreclosure Validity: Proper Notice and Publication in Extrajudicial Sales
Philippine Supreme Court clarifies posting and publication requirements for valid extrajudicial foreclosure sales under Act No. 3135.
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.
Equitable Mortgages Have No Redemption Right in Judicial Foreclosure for Private Mortgagees
In a judicial foreclosure of an equitable mortgage by a private lender, the mortgagor has no right of redemption after confirmation of sale.
Writ of Possession in Foreclosure: Bank Rights Prevail Over Third-Party Claims
Learn how the Supreme Court ruled that a writ of possession in extrajudicial foreclosure is ministerial, and third-party claimants must use proper remedies.
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.