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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Upholding Contractual Obligations When Clear Terms Prevail Over External Claims
The Supreme Court affirms a rehabilitation plan over creditor objections and allows foreclosure of an accommodation mortgagor's property outside the stay order.
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.
Preliminary Injunction AND Foreclosure Safeguarding Property Rights Pending Debt Disputes
Republication of Foreclosure Sale Notices: Protecting Third-Party Rights
When a foreclosure sale is postponed, the notice must be republished and reposted. The Supreme Court explains why in Metrobank v. Nikko Sources.
Protecting Agrarian Reform Beneficiaries Mortgage AND Foreclosure Restrictions
Respecting Final Judgments: The Imperative of Closure in Legal Proceedings
Explore the Supreme Court's ruling in Ibasco v. PDCP on finality of judgments, timely appeals, and the limits of injunctive relief in foreclosure cases.
Writ of Possession Denied When Third Party Holds Property Adversely to Mortgagor
Supreme Court clarifies when a bank cannot get a writ of possession after foreclosure—when a third party holds the property under an adverse title.
Chattel Mortgage Foreclosure: Attaching Creditors, Notice, and the Equity of Redemption
When a chattel mortgage is foreclosed, who must receive notice of the sale? The Supreme Court clarifies the rights of attaching creditors.
Foreclosure Rights vs BP 22: Understanding Creditors' Remedies and Their Limits
Philippine Supreme Court clarifies that annulment of judgment is only for civil cases, not criminal convictions like swindling.
Default and Foreclosure: When Accepting Late Payments Waives the Right to Foreclose
A lender who accepts late and partial payments after a borrower's default may waive the right to foreclose. Learn the rule from this Philippine case.
Valid Publication in Extrajudicial Foreclosure: Reasserting Creditors' Rights
Philippine National Bank v. Maraya clarifies that publication of notice in extrajudicial foreclosure is mandatory, not excusable by the debtor's knowledge.
Publication Imperative Safeguarding Property Rights in Foreclosure Sales
Supreme Court rules strict publication of foreclosure sale notice is mandatory; failure invalidates sale and subsequent transfers.
Foreclosure Surplus: Mortgagor's Right to Excess Proceeds After Debt Recomputation
When a foreclosure sale yields more than the actual debt, the mortgagor is entitled to the surplus—with interest.
Forfeiture of Retirement Benefits for Grave Misconduct and Neglect of Duty in Public Service
Supreme Court affirms forfeiture of a retired clerk of court's benefits for grave misconduct, misfeasance, and neglect of duty in foreclosure proceedings.
Writ of Possession in Foreclosure: Validity and Grounds for Annulment
Learn when a writ of possession is ministerial, when redemption ends, and the remedy to annul a foreclosure sale.
Possession Is Nine Tenths of the Law: Enforceability of a Writ of Possession During Appeal
Philippine Supreme Court clarifies when a writ of possession in extrajudicial foreclosures can be enforced even while an appeal is pending.
Chattel VS Real Property Foreclosure Sale Validity Hinges ON Agreed Classification
Loss of Redemption Rights: Inheriting Property After Mortgage Foreclosure in the Philippines
When a mortgaged property is foreclosed and not redeemed, heirs lose inheritance rights. The Supreme Court explains why.
Redemption Rights in Foreclosure: Consignation of Redemption Price Is Mandatory
Philippine Supreme Court ruling: filing a judicial redemption action does not stop a writ of possession unless the redemption price is paid or consigned.
Mortgagor's Stipulated Right to Notice Prevails in Foreclosure Proceedings
Supreme Court rules banks must honor contractual stipulations requiring personal notice to mortgagors before extrajudicial foreclosure, or risk nullifying the sale.
Redemption Rights Strict Tender Of Full Payment Required In Foreclosure Cases
Philippine Supreme Court ruling on strict tender of full payment for property redemption after extrajudicial foreclosure.
Separation of Proceedings: Annulment Case Cannot Delay Writ of Possession
Supreme Court rules consolidation of annulment case with writ of possession petition is grave abuse, delays foreclosure remedy.
Possession vs Ownership: Writ of Possession and Third-Party Claims in Philippine Foreclosures
A writ of possession is ministerial only against the mortgagor. Third parties with adverse claims must be heard first.