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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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.
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.
Mortgage Nullification and Condominium Buyer Protection: Balancing Rights and Obligations
Supreme Court clarifies that a condominium buyer can nullify a mortgage only insofar as it affects their unit, not the entire mortgage.
Upholding Finality: Supreme Court Reaffirms Requirements for Valid Motions for Reconsideration in Property Dis
Learn how the Supreme Court protected the finality of judgments and clarified the limits of appellate review in a property mortgage dispute.
Mortgage Foreclosure: Default Admissions Justify Summary Judgment
When a debtor admits default on a secured loan, Philippine courts may grant summary judgment in mortgage foreclosure without full trial.
Decoding Loan Payments: How Courts Apply Payments to Interest vs Principal in Philippine Law
Philippine Supreme Court clarifies how loan payments are applied to interest before principal, and when chattel mortgages cover future loans.
Protecting Property Rights: Good Faith Mortgagees vs. Defective Titles in Philippine Law
Learn how Philippine courts protect good faith mortgagees from defective titles, and the legal safeguards for property rights.
Forged Signatures and Void Contracts: Protecting Property Rights in the Philippines
When is a deed of sale actually a mortgage? The Supreme Court explains equitable mortgage, forged signatures, and pactum commissorium.
When Banks Can Rely on Clean Titles: Mortgagee in Good Faith Explained
The Supreme Court explains when a bank that accepts a mortgage on a clean title becomes a mortgagee in good faith, even if the title later proves defective.
Good Faith vs Actual Knowledge: Resolving Land Disputes in the Philippines
Philippine Supreme Court ruling on finality of judgments, petitions for relief, and banks' duty of diligence in land mortgage disputes.
Mortgage Disputes, Good Faith, and Final Judgments in Philippine Foreclosure
Philippine Supreme Court ruling on mortgage foreclosure, good faith of banks, and the finality of judgments in property disputes.
Untangling Mortgage Disputes: Good Faith, Due Diligence, and Finality of Judgments
A Supreme Court ruling on mortgage disputes, good faith, and why final and executory judgments bind all parties.
When a Bank's Failure to Release Full Loan Invalidates a Mortgage: PNB v. Tajonera
A bank that fails to release the full approved loan breaches its reciprocal obligation, making the mortgage securing that loan unenforceable.
Appraisal Value vs. Foreclosure: Property Valuation Disputes in Mortgage Foreclosure
When can courts override government appraisals in agrarian reform? The Supreme Court clarifies just compensation rules and valuation standards.
Upholding Real Estate Mortgage Validity Forgery Claims AND DUE Diligence IN Banking Transactions
Injunctions and Mortgage Foreclosure: Balancing Creditor Rights and Preventing Irreparable Harm
The Supreme Court clarifies when preliminary injunctions may stop mortgage foreclosures, emphasizing that courts must protect only rights that clearly exist.
Duress in Mortgage Contracts: Reasonable Fear and Legal Claims Under Philippine Law
Philippine Supreme Court clarifies when fear or duress voids a mortgage, and why threatening a legal claim does not vitiate consent.
Mortgaging Co-Owned Property: Limits on a Co-Owner's Authority
A co-owner cannot mortgage or encumber the entire co-owned property without the consent of all other co-owners. This article explains the limits of a co-owner's authority under Philippine law.
Mortgage in Good Faith: Banks vs Unregistered Land Sales in the Philippines
When does a bank lose protection as a mortgagee in good faith? The Supreme Court clarifies the rule on unregistered land sales.
When an Agent's Mortgage Signed in Own Name Does Not Bind the Principal
A mortgage signed by an agent in a personal capacity, without indicating agency, binds only the agent, not the principal.
Protecting Homebuyers: PD 957 Prevails Over Bank Mortgages in Subdivision Sales
Supreme Court rules banks must honor PD 957 protections for subdivision buyers, even when properties are mortgaged to secure developer loans.
Tenancy Rights: Landowner's Consent Required for Valid Leasehold Agreement
Philippine Supreme Court clarifies that tenancy requires landowner consent; a mortgagee or possessor cannot install tenants without authority.
Premature Foreclosure: Protecting Mortgagors' Rights Before Default
Philippine Supreme Court rules that foreclosing a mortgage before the debtor defaults on the principal loan is void and ineffectual.