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 4960 of 60 articles for mortgages

PNB v. Ritrato Group: Suing the Wrong Party in Foreclosure Disputes

Learn why the Supreme Court dismissed an injunction suit against PNB, a mere attorney-in-fact, and how corporate veil piercing works.

Equitable Mortgage vs Absolute Sale: Protecting Borrowers in Financial Distress

When is a deed of absolute sale really a mortgage? The Supreme Court explains how courts protect borrowers who sign sale documents under financial pressure.

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.

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.

When Can a Claim Be a Compulsory Counterclaim? Lessons from Yulienco v. Court of Appeals

Philippine Supreme Court explains when a claim must be raised as a compulsory counterclaim, and when separate suits are allowed.

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.

Protecting Loan Security: How Mortgagees Can Secure Insurance Claims in the Philippines

Learn how mortgagees can secure insurance proceeds under Philippine law, based on the Supreme Court's ruling in Rizal Commercial Banking Corp. v. Goyu & Sons.

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.

Extrajudicial Foreclosure Venue: Why Judges Must Follow Act 3135, Not the Rules of Court

A judge's fine for gross ignorance of the law clarifies that extrajudicial foreclosure venue follows Act 3135, not general venue rules.

When Can a Mortgage on Public Land Be Void: DBP v. Court of Appeals

Philippine Supreme Court ruling on when mortgaging land under a free patent application is void and what makes a mortgage valid.