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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Unregistered Real Estate Mortgages: Valid Between Parties Despite Formal Defects
Philippine Supreme Court clarifies that defective notarization or registration of a real estate mortgage does not invalidate it between the parties.
Lawyer Suspended for Lending Money to Client: A Lesson in Legal Ethics
The Supreme Court suspended a lawyer for lending money to a client and foreclosing on the mortgage—a clear violation of the Code of Professional Responsibility.
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.
Spousal Consent and Mortgage Validity: Protecting Conjugal Property Rights in the Philippines
A spouse cannot mortgage conjugal property without the other's written consent. The Supreme Court explains the consequences in Boston Equity v. Del Rosario.
Grave Abuse of Discretion Clarifying Reconveyance Obligations in Property Disputes
Supreme Court clarifies that a spouse's written consent is essential to a valid mortgage of conjugal property, and explains the two-bidder rule.
Mortgage in Good Faith: Protecting Lenders in Philippine Real Estate Transactions
The Supreme Court explains how the mortgagee-in-good-faith doctrine shields lenders who rely on a clean Torrens title, even if fraud taints the chain.
Mortgagee in Good Faith: Protecting Lenders in Real Estate Transactions
Learn how the Supreme Court protects mortgagees in good faith who rely on Torrens titles, and what this means for lenders.
DUE Diligence IN Mortgage Contracts Protecting Land Ownership Rights
Unregistered Land and Due Diligence: A Bank's Duty in Mortgage Contracts
When a bank mortgages unregistered land, it must verify true ownership. The Supreme Court explains the consequences of failing this duty.
Quieting of Title: Banks Must Verify Ownership Before Accepting Untitled Land as Mortgage
A bank that fails to verify ownership of untitled land before accepting it as mortgage security loses the property. Learn the rules on quieting of title and due diligence.
Exclusive Venue Stipulations in Real Estate Mortgages: When They Bind the Parties
The Supreme Court clarifies when exclusive venue clauses in real estate mortgages are binding, even if borrowers challenge loan terms.
Exclusive Venue Stipulations in Mortgage Contracts: When a Motion to Dismiss Must Be Granted
The Supreme Court clarifies when an exclusive venue stipulation in a mortgage contract binds parties and requires dismissal of a case filed elsewhere.
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.
Can a Trustee Mortgage Property Without the Owner's Consent? Supreme Court Says No
Learn from a 2017 Supreme Court ruling why a trustee cannot mortgage trust property without the owner's consent, and the consequences for banks that fail to verify ownership.
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.
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.
Mortgagee in Bad Faith When Reliance on Forged SPA Nullifies Real Estate Mortgage
A mortgagee who relies on a forged SPA without verifying the owner's authority may be in bad faith, voiding the mortgage.
Concealment of Vehicle Documents as Estafa: Protecting Creditor Rights in Chattel Mortgages
The Supreme Court rules that concealing a vehicle's OR-CR can constitute estafa, protecting creditors' rights in chattel mortgages.
Due Diligence Defined: Banks' Responsibility in Mortgage Transactions
The Supreme Court clarifies that banks must exercise higher due diligence than ordinary lenders before accepting property as mortgage collateral.
Valid Notarization and Agency Substitution in Property Disputes: Villaluz v. Land Bank
A look at when a principal is bound by a substitute agent's mortgage, and why notarization matters in property transactions.
Mortgage Agreements and Due Diligence: Protecting Buyer Rights in Condominium Developments
The Supreme Court clarifies when a civil case and an administrative complaint constitute forum shopping, protecting claimants' rights to pursue multiple remedies.
Equitable Mortgage Protecting Vulnerable Parties IN Property Transactions
The Supreme Court clarifies when a contract breach warrants damages, and when it does not, in a property dispute.
Assignees of Bank Mortgagee Entitled to Shorter Redemption Period Under General Banking Law
Supreme Court rules assignees of a bank mortgagee benefit from the shorter three-month redemption period under the General Banking Law.