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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Mortgage Rights Prevail: Protecting Secured Creditors in Labor Disputes
Supreme Court ruling on secured creditors' mortgage rights versus labor judgment execution, and the limits of piercing the corporate veil.
Protecting Agrarian Reform Beneficiaries Mortgage AND Foreclosure Restrictions
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.
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.
Good Faith and the Lis Pendens Rule: Lessons from Cunanan v. Jumping Jap Trading
A Supreme Court ruling shows why a cancelled notice of lis pendens does not always protect a mortgagee, and how bad faith can void a real estate mortgage.
Notice of Lis Pendens: How It Affects Mortgagees and Subsequent Property Transactions
Learn how a notice of lis pendens binds mortgagees and buyers, and why a court order alone does not cancel it under Philippine law.
Homestead Patents and Mortgage Restrictions: Protecting Family Lands From Encumbrances
The Supreme Court voids mortgages on homestead lands made within five years of patent issuance, protecting family properties from premature encumbrances.
When Foreclosure Is Not Bad Faith: DBP v. Doyon on Mortgagee Rights
Supreme Court clarifies when a bank's foreclosure after withdrawing an earlier case is not bad faith, and upholds mortgage possession and auction rules.
The Imperative of Due Process Hearing Requirement for Preliminary Injunctions in Mortgage Disputes
The Supreme Court nullifies a preliminary injunction issued without hearing, underscoring due process in mortgage foreclosure disputes.
Mortgage Validity and Foreclosure: Protecting Property Rights Under Philippine Law
The Supreme Court clarifies when a mortgage is void, how redemption periods work, and why prior judgments bind parties in foreclosure disputes.
Navigating Appeals: Jurisdictional Errors and Lost Rights in Philippine Law
A Supreme Court ruling on res judicata, indispensable parties, and mortgagee good faith in property disputes.
Mortgagee's Duty to Verify Buyers Under PD 957: DBP v. Capulong
Philippine Supreme Court clarifies that banks financing real estate projects must verify subdivision lot buyers before foreclosing mortgaged properties under PD 957.
Equitable Mortgage vs Sale: How Philippine Law Protects Landowners from Unfair Deals
The Supreme Court ruled that a deed of sale can be treated as an equitable mortgage, protecting landowners from transactions that secretly secure a debt.
Equitable Mortgage: When an Absolute Sale Is Really a Loan Security
The Supreme Court explains when a deed of absolute sale is actually an equitable mortgage, and what parties must do to recover property.
Final Judgments and Set-Off Claims: Manila Banking Corp. v. Rabina
Supreme Court ruling on final judgments, set-off claims, and HLURB jurisdiction over subdivision mortgage disputes.
Possession IS Nine Tenths OF THE LAW Writ OF Possession Stands Despite Mortgage Dispute
Mortgage Validity Securing Loans VS Covering Unsubstantiated Debts
Securing Debts When Penalty Fees Fall Outside Mortgage Coverage
When a real estate mortgage doesn't mention penalty fees, those charges may not be secured by the mortgage. Learn the rule from Spouses Viola v. Equitable PCI Bank.
Forum Shopping in Mortgage Disputes: When Causes of Action Differ
Supreme Court clarifies when simultaneous mortgage foreclosure and damages suits do not constitute forum shopping, explaining the test for identity of causes of action.
Mortgage Foreclosure Minor Errors IN Notice DO NOT Necessarily Void THE Sale
Mortgage Validity Good Faith Requirement When Dealing With Agents
Unconscionable Interest Rates THE Supreme Courts Intervention IN Equitable Mortgages
Lessor's Lien vs Chattel Mortgage: Rights Over Leased Property After Default
When a lessor takes a tenant's property for unpaid rent and a lender later claims the same items under a chattel mortgage, who wins? The Supreme Court clarifies.