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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When a Statement of Account Is Not Enough: Proving Deficiency Claims After Foreclosure
The Supreme Court clarifies what a creditor must prove to collect a deficiency after foreclosure—and why a bare statement of account falls short.
Joinder of Transferee in Pending Foreclosure Case: Cameron Granville v. Chua
When a bank sells a foreclosed debt, can the buyer join the pending case? The Supreme Court clarifies joinder and substitution rules.
Solidary Liability in Real Estate Contracts: Understanding Co-Sellers' Obligations
When do co-sellers remain liable after foreclosure? The Supreme Court clarifies deficiency obligations, payment application, and solidary liability.
Priority of Interest Payments in Foreclosure: When Debt Settlement Falls Short
Learn how the Supreme Court applies Article 1253 in foreclosure cases—payments first cover interest and penalties before principal.
Possession Disputes When Foreclosure Sales Meet Adverse Claims
When can a third-party possessor block a writ of possession after foreclosure? The Supreme Court clarifies the rules in Hernandez v. Ocampo.
Amending Pleadings: When Courts Should Grant Leave to File Amended Complaints
Explore when Philippine courts should allow amended pleadings, based on a Supreme Court ruling on a bank foreclosure case.
Unconscionable Penalties: Reassessing Loan Obligations in Philippine Law
The Supreme Court clarifies when courts may reduce penalty charges and attorney's fees in deficiency claims after foreclosure.
Deficiency Claims After Foreclosure: Banks' Rights and Limits on Penalties
Philippine Supreme Court clarifies that banks may collect deficiency after extrajudicial foreclosure, but courts can reduce excessive penalty charges.
Ejectment Actions Proving Unlawful Detainer After Contract Termination
Understand when a complaint for damages after foreclosure is a personal action, not a collateral attack on title, under Philippine law.
Demand Is Key: Prescription in Unlawful Detainer and Mortgage Foreclosure Contexts
When does the one-year period to file unlawful detainer start? The Supreme Court clarifies the rule on demand and prescription.
Forfeiture vs Foreclosure: Due Process in Ill-Gotten Wealth Cases
The Supreme Court rules that the State, as subrogee-creditor of forfeited assets, cannot sell mortgaged shares without foreclosure proceedings.
Chattel Mortgage Foreclosure: Lender's Duty After Repossession in the Philippines
Learn the lender's obligations after chattel mortgage foreclosure and repossession in the Philippines, including redemption rights and borrower protections.
Surety Liability After Foreclosure: Carodan v. China Banking Corporation
When a bank releases a principal debtor's collateral, a surety may still be liable for the deficiency if the surety agreement expressly allows it.
Assignment of Mortgage and BSP’s Foreclosure Authority Hinges on Valid Deed
Philippine Supreme Court clarifies when a bank may foreclose a mortgage assigned to it, requiring a valid deed of assignment.
Writ of Possession: Absolute Right After Ownership Consolidation
Foreclosure buyers gain an absolute right to possession once title consolidates. The Supreme Court explains the limits of appeals and stay orders.
Sheriffs Cannot Bill or Collect Extrajudicial Foreclosure Fees—Only the Clerk of Court May
A sheriff who billed a bank P3,000 per extrajudicial foreclosure case was suspended. Only the Clerk of Court may collect these fees.
Possession Follows Ownership: Enforcing Writs After Foreclosure
A Supreme Court ruling clarifies that a writ of possession is a ministerial duty once title is consolidated, even against third-party claimants.
Possession Rights After Mortgage Foreclosure: Third Party Claims in the Philippines
When can third parties stop a writ of possession after extrajudicial foreclosure? The Supreme Court clarifies the rules on adverse possession.
Mortgage in Good Faith: Upholding Banks' Due Diligence in Real Estate Transactions
Philippine Supreme Court clarifies when banks qualify as mortgagees in good faith despite defective titles, protecting foreclosures.
Litis Pendentia: When Foreclosure Bars a Later Collection Suit
A mortgage creditor cannot file foreclosure and collection suits for the same debt. The Supreme Court explains litis pendentia and its limits.
Venue in Deficiency Claims: A Personal Action After Foreclosure
The Supreme Court clarifies that an action to recover a mortgage deficiency after extrajudicial foreclosure is a personal action, not a real action.
Mortgage Foreclosure Absence of Special Power to Sell Invalidates Extrajudicial Proceedings
Philippine Supreme Court rules that extrajudicial foreclosure requires a special power to sell inserted in or attached to the mortgage deed, otherwise the proceedings are void.
Foreclosure Purchaser's Right to Possession Prevails Over Pending Mortgage Disputes
Supreme Court rules foreclosure sale purchaser may take possession despite pending mortgage annulment case, clarifying Philippine real estate law.
Preliminary Injunctions, Grave Abuse of Discretion, and Protection of Substantive Rights
When can a court issue a preliminary injunction against a foreclosure purchaser? Learn the rules from a 2015 Supreme Court ruling.