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.
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.
Contractual Obligations Prevail Enforcing Notice Requirements In Foreclosure Sales
When a mortgage contract requires personal notice of foreclosure, the bank must comply—or the sale may be void.
Writ of Possession After Foreclosure: When the Surplus Must Be Returned
Philippine Bank of Communications v. Yeung clarifies when a writ of possession issues after foreclosure and how sale surpluses are handled.
Foreclosure Validity: Banks Can Foreclose Despite Disputed Loan Agreements
Supreme Court ruling on when banks may foreclose despite disputed interest rates, and the legal interest that applies after default.
When Property Appraisal Cannot Delay Foreclosure: Sycamore Ventures v. Metrobank
Supreme Court rules mortgaged property appraisal value is not a prejudicial question that can suspend extrajudicial foreclosure proceedings under Act No. 3135.
Writ of Possession Is Ministerial Duty Despite Challenges to Mortgage Validity
Philippine Supreme Court ruling: a pending case questioning mortgage validity does not stop a writ of possession after foreclosure and redemption lapse.
Fruits of Ownership: Who Gets Rental Income in Contested Property Foreclosures
Philippine Supreme Court rules on who keeps rental income when a foreclosed property's title is later voided for fraud.
Estoppel and Foreclosure: When a Bank's "Incentive" Is Not a Redemption Extension
The Supreme Court clarifies when a bank's incentive scheme letter extends the redemption period and when estoppel applies.
Protecting Third Party Rights in Foreclosure When Possession Trumps Ownership
When a third party adversely possesses foreclosed property, courts must hold a hearing before issuing a writ of possession.
Perfecting Appeals Strict Compliance With Rules OF Court IS Mandatory
Learn how the Supreme Court ruled on writs of possession, third-party adverse claims, and strict procedural compliance in extrajudicial foreclosures.
Mortgage Foreclosure: Clarifying Rights and Procedures in Disputed Property Cases
Learn how the Supreme Court clarified extrajudicial foreclosure rules, writ of possession, and procedural requirements in disputed mortgage cases.
Writ of Possession After Foreclosure: When Third-Party Claims and Pending Cases Don't Stop the Writ
Philippine Supreme Court clarifies when a writ of possession is ministerial and how pending annulment cases, third-party claims, and surplus issues affect the rule.
Challenging Foreclosure When Courts Must Halt Mortgage Proceedings
When can courts dismiss appeals for incomplete attachments? Galvez v. CA clarifies the rules on foreclosure challenges and procedural compliance.
Writ of Possession After Foreclosure: When a Purchaser's Right Is Absolute
Philippine Supreme Court explains when a foreclosure sale purchaser may demand a writ of possession and when exceptions apply.
Writ OF Possession Rights OF Third Parties IN Foreclosure Sales
Movable or Immovable: How Mortgage Agreements Define Property in Foreclosure
A Supreme Court ruling on whether machineries are movable or immovable property in mortgage foreclosures, explained in plain language.
Tenants Rights and Landlords Title: Estoppel and Redemption in Lease Agreements
Learn how the Supreme Court ruled on repurchase agreements, estoppel, and landlord-tenant rights in foreclosure cases.
Loan Default and Foreclosure: When Preliminary Injunction Is Not Available
Philippine Supreme Court clarifies that a borrower in default cannot enjoin foreclosure without a clear legal right, citing TML Gasket v. BPI.
Injunction Against Bank Foreclosure: When Borrowers Cannot Stop the Sale
Supreme Court explains when courts may issue injunctions to stop extrajudicial foreclosure, and why defaulting borrowers cannot rely on disputed interest rates.
Preliminary Injunction and Foreclosure: When Mortgagors Can Stop a Sale
The Supreme Court clarifies when a mortgagor may obtain a preliminary injunction to stop an extrajudicial foreclosure sale.
Preliminary Injunctions Upholding Foreclosure Rights Absent A Clear Legal Violation
Foreclosure vs Rehabilitation: When a Stay Order Takes Effect
A stay order in corporate rehabilitation does not undo a foreclosure completed before the petition. Ownership matters.
Loan Restructuring vs Foreclosure: Borrower Rights in the Philippines
When does a pending loan restructuring stop a bank from foreclosing? The Supreme Court explains borrower rights and limits.
Writ of Possession Stays Ministerial Despite Foreclosure Irregularity Claims
Explaining when courts must issue writs of possession in extrajudicial foreclosures, and when objections may be raised.