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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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.
Res Judicata and Foreclosure: When a Second Bite at the Apple Is Denied
The Supreme Court explains how res judicata bars a second case on the same foreclosure dispute, and clarifies appeal rules.
Mortgage Rights vs Property Transfer: Foreclosure Options for Second Mortgagees
When a mortgaged property is sold to the first mortgagee, can the second mortgagee still foreclose? The Supreme Court explains the limits.
Mortgage Validity Upholding Security Interests Amid Corporate Disputes in Metrobank vs Centro Development Corp
Supreme Court clarifies when a mortgage over corporate assets is valid, and when foreclosure exceeds the secured amount.
Res Judicata and Forum Shopping in Foreclosure Disputes: Villanueva v. Court of Appeals
The Supreme Court explains how res judicata and forum shopping bar repeated challenges to loan interest rates and foreclosure proceedings.
Levy on Mortgaged Property in the Philippines: Sheriff's Duties Explained
Philippine Supreme Court clarifies that sheriffs may levy mortgaged properties to satisfy judgments, as debtors retain beneficial ownership until foreclosure.
Partial Redemption in Philippine Foreclosure: Can You Redeem Select Properties?
Philippine law allows partial redemption of foreclosed properties. Learn the rules, limits, and practical implications from a key Supreme Court ruling.
Certiorari and Evidence: Court of Appeals Can Receive New Proof in Special Civil Actions
When may the Court of Appeals admit new evidence in a certiorari case? The Supreme Court clarifies in this foreclosure dispute.
Can Tenants Challenge Landlord's Title After Foreclosure? The Ros v. PNB Case
When a bank forecloses on a property, can the borrower's spouse later challenge the mortgage as forged? The Supreme Court explains the limits.
Where Can a Mortgage Be Foreclosed in the Philippines? Venue Rules Explained
Philippine Supreme Court clarifies venue and scope of extrajudicial foreclosure, including what happens when a mortgage covers only part of a loan.
When Can a Bank's Foreclosure Sale Be Nullified? Philippine Rules Explained
Philippine Supreme Court explains when a bank's foreclosure sale is valid or void, and what happens when a bank collects beyond what the mortgage covers.
Possession and Ownership: Understanding the Writ of Possession in Foreclosure Cases in the Philippines
Learn how forum shopping can derail foreclosure disputes in the Philippines, as shown in Asia United Bank v. Goodland Company, Inc.
Redemption Rights and Capital Gains Tax in Foreclosure Sales: Key Lessons from Supreme Transliner v. BPI Famil
Philippine Supreme Court clarifies redemption price in bank foreclosure sales, including when capital gains tax applies and what charges are valid.
Foreclosure Sales in the Philippines: The Legal Weight of Notice and Publication
A Supreme Court ruling clarifies the requirements for notice and publication in extrajudicial foreclosure sales under Act No. 3135.
Philippine Foreclosure Law: Why Publication Is Non-Negotiable for Banks
Philippine Supreme Court rules banks must prove newspaper publication in foreclosure sales; failure voids the entire proceeding.
Writ OF Possession Protecting Property Rights After Foreclosure IN THE Philippines
Foreclosure Redemption Rights: How to Protect Your Property in the Philippines
Learn how Philippine courts handle foreclosure disputes, redemption rights, and why settlement agreements often provide the best protection for homeowners facing bank foreclosure.
Sheriff's Duty in Extrajudicial Foreclosure: When Stubborn Reliance on Obsolete Rules Costs a Career
A sheriff's dismissal for gross neglect of duty in extrajudicial foreclosure shows why court officers must keep abreast of procedural rules.
Redemption Rights DBP Foreclosures AND THE Imperative OF Full Debt Repayment
Upholding Foreclosure Validity: Notice Requirements and Mortgagor Obligations
Supreme Court clarifies posting and publication rules in extrajudicial foreclosure, and when mortgagors are estopped from challenging a sale.
Foreclosure Invalidity Upholding Debtors Rights IN Loan Obligations
Novation Requires Clear Agreement: Loan Restructuring and Foreclosure Rights
Supreme Court clarifies that accepting partial payments does not automatically novate a loan, and banks may still foreclose on defaulted mortgages.
Preliminary Injunctions in Foreclosure: Clear Legal Right Required
Philippine Supreme Court ruling on when courts may issue preliminary injunctions to stop extrajudicial foreclosure sales.
Rehabilitation Stay Orders and Foreclosure Rights: The Equitable PCI Bank v. DNG Realty Ruling
When a corporate rehabilitation stay order does not stop post-foreclosure steps like title consolidation and writs of possession.