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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Distinguishing Financial Leases From Loans Secured by Chattel Mortgage in the Philippines
Philippine Supreme Court clarifies when a sale-and-leaseback arrangement is actually a loan secured by chattel mortgage, not a true financial lease.
Continuing Security: How Future Debts Can Affect Real Estate Mortgages in the Philippines
The Supreme Court explains how a real estate mortgage can secure future loans, not just the original debt, through continuing guaranty clauses.
Unraveling Real Estate Mortgages When Does A Debt Secure Future Obligations
Philippine Supreme Court clarifies when real estate mortgages secure future obligations and the strict standards for preliminary mandatory injunctions.
When a Court Cannot Freeze a Mortgage: Injunctions and Doubtful Rights in Ngo v. Allied Bank
In Ngo v. Allied Bank, the Supreme Court explains why a preliminary mandatory injunction needs a clear legal right — and why doubt defeats it.
Mortgaged Property Sales Upholding Ownership Rights Despite Unapproved Transfers
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.
Forged Signatures and Defective Acknowledgments: Protecting Property Rights in Real Estate Mortgages
Learn how defective notarization and forged signatures can invalidate a real estate mortgage, protecting property owners' rights.
Unfulfilled Promises Foreclosure Rights AND THE Persistence of Original Obligations IN Philippine Law
A Supreme Court ruling explains when a new promise to pay does not extinguish an original loan and mortgage obligation.
When Cross Collateral Clauses Clash With Verbal Agreements: Understanding Mortgage Obligations
The Supreme Court clarifies that bank branch managers cannot verbally alter mortgage contracts containing cross-collateral or dragnet clauses.
Mortgage Validity, Good Faith, and Due Diligence in Property Transactions
Philippine Supreme Court ruling on mortgage validity, good faith, and the due diligence required of banks before accepting property as collateral.
Blanket Mortgage Clause: Redemption Rights and Foreclosure Limits Explained
Learn how a blanket mortgage clause affects redemption rights, future loans, and foreclosure obligations under Philippine law.
Writ of Possession: Validity of Mortgage Cannot Be Challenged in Possession Proceedings
Philippine Supreme Court ruling: courts must issue writs of possession ministerially after foreclosure; mortgage validity challenges belong in separate actions.
Registration OF Foreclosure Sales Protecting THE Mortgagees Rights Despite Record Loss
Foreclosure Rights Upholding Mortgage Validity Despite Claims OF Duress
Mortgage Validity and Writ of Possession: Upholding Contracts Absent Vitiated Consent
Philippine Supreme Court ruling on writ of possession in foreclosure, contract validity, and consolidation of cases explained in plain language.
Due Diligence in Mortgage Transactions: Protecting Landowners From Fraudulent Transfers
When a bank accepts a mortgaged property with suspicious title transfers, it cannot claim good faith. Learn from this Supreme Court ruling.
Mortgage Foreclosure: Why a Bank Can Foreclose Despite Loan Transfer Doubts
Supreme Court ruling on when a bank may foreclose mortgaged property even if the borrower questions the assignment of loan receivables.
Agency and Mortgage Law: When an Agent’s Signature Does Not Bind the Principal
Philippine Supreme Court ruling on when an authorized agent’s mortgage signature binds only the agent, not the principal, and the role of laches.
Finality of Foreclosure: Rights and Duties After a Mortgage Default
What happens after a mortgage default and foreclosure sale becomes final? The Supreme Court clarifies the mortgagor's rights and duties.
Mortgage Foreclosure Rights Prevail When Preliminary Injunction Lacks Legal Basis
Supreme Court nullifies preliminary injunction blocking bank foreclosure, ruling debtors' failure to show clear right constitutes grave abuse of discretion.
Prescription IN Mortgage Actions Understanding Foreclosure AND Property Rights
When Courts Can Stop a Foreclosure: Preliminary Injunctions in Mortgage Disputes
The Supreme Court explains when a court may issue a preliminary injunction to stop a bank's extrajudicial foreclosure pending trial.
Mortgage Rights Prevail Over Prior Unregistered Sale: Good Faith Purchasers Protected
Philippine Supreme Court ruling on how a registered mortgage prevails over an earlier unregistered sale, protecting good faith purchasers.
Dacion en Pago Perfecting Ownership Despite Prior Encumbrances
Philippine Supreme Court ruling on dacion en pago, mortgage liens, and the right to compel surrender of a certificate of title.