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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Corporate Rehabilitation Separate Juridical Personality Prevails Over Third Party Mortgages
Supreme Court clarifies that corporate rehabilitation stay orders do not cover properties owned by third-party mortgagors.
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.
Ratification Validates Unauthorized Acts: Agency Law in Philippine Mortgages
Explaining how ratification under Philippine law validates an agent's unauthorized mortgage acts, as ruled in Prieto v. Court of Appeals.
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.
Equitable Mortgage Claims: Proving Intent Beyond Bare Allegations
Supreme Court clarifies when a sale is presumed an equitable mortgage under Article 1602, stressing evidence over allegations in property disputes.
Attorney Disbarment in the Philippines: When Client Trust Is Betrayed
The Supreme Court disbarred a lawyer who mortgaged and sold a client's property using a forged power of attorney, underscoring the high ethical standards required of Philippine attorneys.
Upholding Corporate Rights When a Mortgage Is Made Without Board Authority
A corporation can annul a mortgage executed by officers without board authority. The Supreme Court clarifies the rules on derivative suits and amendments.
Court Commitment Not to Encumber Property Can Void a Later Mortgage
A court-embodied promise not to dispose of property, annotated on the title, creates enforceable rights. Learn what this ruling means for buyers and lenders.
Understanding Dragnet Clauses in Philippine Real Estate Mortgages
Learn how dragnet clauses in Philippine real estate mortgages work, their legal limits, and how courts interpret these all-important security provisions.
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.
Loan Contract Perfection and Mortgage Validity: Insights from Palada v. Solidbank
When is a loan contract perfected, and what makes a real estate mortgage valid? The Supreme Court clarifies in Palada v. Solidbank.
Mortgage in Bad Faith: Protecting Co-Owner Rights in Real Estate Transactions
When a co-owner mortgages shared property without authority, the mortgage binds only that co-owner's share if the lender fails due diligence.
Mortgage IN BAD Faith Lenders Duty TO Investigate Beyond THE Title
Ejectment Appeals and Equitable Mortgage: Key Lessons from Macaslang v. Zamora
A Supreme Court ruling clarifies appellate review in ejectment cases and when a deed of sale may be treated as an equitable mortgage.
Unjust Enrichment Prevails Recovering Debt Despite Mortgage Technicalities
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.
Implied Trusts in Philippine Mortgages: Protecting the True Lender
When a mortgage names one person but another funds the loan, Philippine courts may impose an implied trust to protect the true lender.
Implied Trust in Mortgage Contracts: When the Named Mortgagee Is Not the Real Lender
Philippine Supreme Court explains when a mortgage contract's named mortgagee may be held as a mere trustee for the true lender under an implied trust.
Loan Interest Rate Adjustments Understanding Banks Rights AND Borrowers Obligations IN THE Philippines
Philippine Supreme Court ruling on implied trusts in mortgage contracts, parol evidence, and borrower protections.
Can a Bank Foreclose the Entire Loan on a Partial Mortgage? Philippine Supreme Court Rules
Philippine Supreme Court rules on whether a bank may foreclose a real estate mortgage for the full loan amount when only part of it was secured by the property.
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.
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.
Mortgage Obligations and Appeal Rights in Real Estate Disputes
The Supreme Court rules on mortgage obligations, appeal periods, and writs of execution in a dispute between borrowers and PNB.
Mortgage Priority Good Faith Trumps Subsequent Attachment In Property Disputes
Supreme Court ruling on mortgage priority, good faith, and why unregistered attachments don't defeat prior real estate mortgages.