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 4967 of 67 articles for mortgage

Lis Pendens Cancellation: Final Judgments and Property Rights Under Biglang-Awa

Learn when a notice of lis pendens can be cancelled after a final judgment, based on the Supreme Court ruling in Biglang-Awa v. Philippine Trust Company.

Right of Pre-emption for Adjoining Landowners in the Philippines: A Guide

Learn how Article 1622 protects adjoining landowners of small urban lots, explained through the Supreme Court case Contreras v. Alcantara.

Family Home Exemption: When Creditors Can Seize Your Property in the Philippines

The family home exemption protects Filipino families from creditors—but not for debts incurred before the home was constituted. Learn the rules.

Prescription for Falsification of Public Documents: When the Clock Starts

Learn when the prescription period begins for falsification of public documents under Philippine law, based on the Supreme Court ruling in Recebido v. People.

Mechanic’s Lien in the Philippines: What Auto Repair Shops Must Know

Understand the mechanic's lien under Philippine law, its legal basis, and how the Supreme Court protects repair shops' right to payment.

Homestead Redemption After Foreclosure: The 5-Year Right Under the Public Land Act

Homesteaders have a five-year right to repurchase foreclosed land under the Public Land Act, even after a bank consolidates title.

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. 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.

Mortgage Law in the Philippines: Why You Can’t Mortgage Property You Don’t Own

Philippine mortgage law requires absolute ownership. Learn why mortgaging property you don't fully own is void, based on Lagrosa v. Court of Appeals.

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.

Torrens Title vs. Acquisitive Prescription: Why Registered Land Prevails in the Philippines

A Torrens title defeats claims of ownership by long possession. Learn the Ramos v. Bautista ruling and how to protect registered land.

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.

Redemption After Execution Sale: Ownership Disputes Do Not Stop the Clock

Philippine law gives judgment debtors one year to redeem property sold at execution. Ownership disputes do not suspend that deadline.

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.

Right of Repurchase in Philippine Real Estate: Pacto de Retro Rules Explained

Learn the rules on pacto de retro sales and the right of repurchase in Philippine real estate, including annotation duties and judicial requirements.

Conditions vs. Warranties in Philippine Sales Contracts: The Power Commercial Case

Learn how Philippine law distinguishes contract conditions from warranties, and when a seller's failure to deliver possession justifies rescission.

Receivership in the Philippines: When Courts Appoint a Receiver Under Rule 59

Learn when Philippine courts may appoint a receiver under Rule 59, based on the Supreme Court's ruling in Commodities Storage & Ice Plant Corp. v. CA.

Spanish Land Titles in the Philippines: P.D. 892 and Why They No Longer Prove Ownership

Spanish-era land titles lost their force under P.D. 892. Learn the registration deadline, the San Pedro ruling, and what evidence now counts.

Recto Law Explained: Deficiency Claims After Chattel Mortgage Foreclosure

Understand Article 1484 (Recto Law) and when sellers can still recover attorney's fees after foreclosing on installment-sold personal property.