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.
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.
Burden of Proof in Loan Obligations: Notice of Loss in Chattel Mortgage Agreements
When a mortgaged vehicle is stolen, borrowers must prove they notified the bank. Learn the burden of proof rules from a Supreme Court ruling.
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.
Equitable Mortgage Ruling Reasserts Mortgagor Rights in Property Disputes
Supreme Court clarifies that in equitable mortgages, reconveyance to the mortgagor is the principal remedy—not payment of fair market value.
Equitable Mortgage: Execution and Reconveyance of Property Explained
A Supreme Court ruling clarifies how courts must execute judgments involving equitable mortgages, emphasizing reconveyance over payment of fair market value.
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.
Mortgage Agreements Upholding Contractual Obligations AND Protecting Borrowers Rights
This article examines the Supreme Court's ruling in Go v. Looyuko on unlawful detainer, Torrens title, and the limits of ownership claims in ejectment cases.
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.
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.
Equitable Mortgage vs Absolute Sale: How Philippine Courts Protect Borrowers
A Supreme Court ruling shows that a deed of sale used to secure a loan may be treated as an equitable mortgage, not a transfer of ownership.
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.
Protecting Land Ownership: The Limits of Good Faith in Real Estate Transactions
The Supreme Court clarifies when a property owner's claim of fraud in a real estate mortgage fails for lack of evidence.
Accommodation Mortgages: Validity Upheld Despite Claims of Fraud
When is a real estate mortgage valid despite claims of fraud? The Supreme Court explains accommodation mortgages and the burden of proof.
Good Faith and Land Titles: Protecting Innocent Purchasers in Real Estate Disputes
When is a bank a mortgagee in good faith? The Supreme Court clarifies the rules on forged deeds and land titles.
Banks Must Exercise Higher Diligence: Land Bank v. Poblete on Mortgage in Bad Faith
When a bank accepts a mortgage over property it failed to verify, it risks losing protection as a mortgagee in good faith.
Res Judicata and Buyer Rights: PNB v. Lim on Mortgages Under PD 957
The Supreme Court clarifies how final judgments bind parties and how condominium buyers can still redeem units despite a valid mortgage.
Mortgage Without HLURB Approval: Buyer Protection in Condominium Sales
Philippine Supreme Court clarifies that a mortgage lacking HLURB approval is void only against the unit buyer, not the developer and bank.
Third-Party Mortgages and Stay Orders: Scope Under Philippine Rehabilitation Law
Philippine Supreme Court clarifies that stay orders in corporate rehabilitation do not cover third-party or accommodation mortgages under the Interim Rules.
Mortgage on Condominium Land Void Without HLURB Approval: PBCom v. Pridisons
Supreme Court rules mortgages on land intended for condominium projects need HLURB approval under PD 957, protecting buyers over banks.
Mortgagee in Good Faith Doctrine Protects Banks Despite Simulated Property Sales
Philippine Supreme Court rules banks can retain mortgage rights even when mortgagors' titles trace back to simulated sales, if bank acted in good faith.
Agrarian Reform Abandonment Nullifies Redemption Rights Despite Equitable Mortgage
SC rules farmer-beneficiary's 11-year surrender of land to non-beneficiary is abandonment, forfeiting redemption rights under agrarian laws.
Due Process in Homeowners Association Expulsions: Lessons from Arroyo v. Rosal Homeowners Association
Supreme Court clarifies due process requirements for homeowners association expulsion and eviction under the Community Mortgage Program.
Mortgagor Ownership and Estoppel: When a Real Estate Mortgage Stays Valid
Supreme Court clarifies when a mortgagor's ownership and estoppel uphold the validity of a real estate mortgage in PNB v. Reblando.
Dragnet Clauses and Foreclosure: Defining the Limits of Mortgage Security in the Philippines
A bank cannot inflate a foreclosure redemption price using a dragnet clause. The Supreme Court explains the limits of mortgage security.