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.
Get a cited, plain-language answer from 184,000+ statutes and decisions — free, no sign-up.
Due Process and Co-Ownership Rights in Non-Profit Organizations and Corporate Asset Transfers
Supreme Court ruling on void mortgages over deceased co-owner's share, good faith purchasers, and co-ownership rights in property transfers.
When a Spouse's Consent Is Missing: Void Mortgages and Conjugal Liability
A mortgage on conjugal property without the other spouse's consent is void, but the loan itself may still bind the family.
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.
Co-Ownership Rights Protecting Inherited Property Against Unconsented Mortgages
Learn how co-owners can protect inherited property from unconsented mortgages and what the Supreme Court says about ownership rights.
Clarifying Derivative Suits: When Can Third-Party Mortgagees Intervene?
The Supreme Court clarifies when a case is truly a derivative suit and whether third-party mortgagees may intervene in such actions.
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.
Dacion en Pago vs. Equitable Mortgage: Lessons from Villarta v. Talavera
The Supreme Court clarifies when a property transfer is a valid dacion en pago, not an equitable mortgage, in Villarta v. Talavera.
Open Space Preservation: HLURB Authority Over Subdivision Mortgage Disputes
When a developer mortgages a subdivision's designated open space, homeowners can seek annulment before the HLURB, not just the courts.
Mortgage Rights Prevail Protecting Mortgagee Interests Over Subsequent Property Contracts
Philippine Supreme Court ruling on how registered mortgages prevail over later contracts to sell, protecting mortgagee rights.
Protecting Subdivision Open Spaces: HLURB Jurisdiction and Mortgage Validity
Supreme Court rules subdivision open spaces cannot be mortgaged or foreclosed, and HLURB has jurisdiction over such disputes.
Can a University Be Bound by Unauthorized Mortgages? Corporate Authority Explained
When can a corporation be bound by an officer's unauthorized acts? The Supreme Court explains in University of Mindanao v. Bangko Sentral ng Pilipinas.
Pactum Commissorium: When Mortgage Agreements Unfairly Benefit Lenders
Philippine Supreme Court ruling on mortgage validity, unconscionable interest rates, and when borrowers cannot escape contractual obligations.
Mortgage Validity: Restrictions on Property Rights vs Contractual Obligations
Supreme Court rules on whether NHA restrictions on a titled property invalidate a mortgage, and when borrowers can escape contractual obligations.
Priority of Registered Adverse Claims Over Subsequent Mortgages: Protecting Land Rights in the Philippines
Learn how a registered adverse claim protects land rights against subsequent mortgages, and why prior registration prevails under Philippine property law.
Mortgages on Land Reform Properties: Balancing Bank Rights and Agrarian Justice
When land reform and bank mortgages collide, who gets the just compensation? The Supreme Court settles the rule.
Reformation of Contract: Correcting Errors to Reflect True Intent in Real Estate Mortgages
The Supreme Court clarifies when courts may reform a real estate mortgage to reflect the true intent of the parties, not its literal wording.
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.
Mortgage in Bad Faith: Banks' Duty of Diligence in Verifying Land Titles
When a bank accepts a mortgage without fully investigating suspicious facts on the property, it acts in bad faith and loses protection as an innocent mortgagee.
Torrens Title vs Mortgage Resolving Property Possession Disputes in the Philippines
Philippine Supreme Court ruling on which Torrens title prevails when property claims overlap, tracing validity to the mother title.
Mortgagee in Bad Faith: Title Defects and Lender Responsibility in Real Estate Transactions
When a mortgagor lacks title at the time of mortgage, lenders cannot claim good faith protection. Learn from Claudio v. Saraza.
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.
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.