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.
Equitable Mortgage vs Pacto de Retro: Protecting Borrowers From Unfair Loan Agreements
When is a "sale with right to repurchase" really a loan? The Supreme Court explains equitable mortgage and pactum commissorium.
Conjugal Property Sales When A Void Contract Still Speaks Volumes
When a deed of absolute sale is void for lack of spousal consent, can it still be used to prove a valid dacion en pago? The Supreme Court weighs in.
Dacion en Pago vs. Equitable Mortgage: Lessons from Villarta v. Talavera
The Supreme Court clarifies when a property transfer is a valid dacion en pago, not an equitable mortgage, in Villarta v. Talavera.
Forged Signatures and Void Contracts: Protecting Property Rights in the Philippines
When is a deed of sale actually a mortgage? The Supreme Court explains equitable mortgage, forged signatures, and pactum commissorium.
When a Lease Isn't a Lease: Clarifying Rights in Market Stall Agreements
A Supreme Court ruling clarifies the distinction between leasehold rights and ownership of improvements in market stall transactions under Philippine law.
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.
Equitable Mortgage vs Sale With Right to Repurchase: Price and Intent
When is a "sale with right to repurchase" really an equitable mortgage? The Supreme Court explains the role of price adequacy and intent.
Equitable Mortgage vs Absolute Sale: What Philippine Courts Look For
When is a deed of sale really a mortgage? The Supreme Court explains the rules on equitable mortgage in Cirelos v. Hernandez.
Equitable Mortgage vs Pacto de Retro Sale: Philippine Real Estate Security Rules
Philippine Supreme Court clarifies when a deed of sale with right to repurchase is actually an equitable mortgage, protecting borrowers from losing property.
Equitable Mortgage vs Absolute Sale: Protecting Your Property Rights in the Philippines
When is a deed of absolute sale actually an equitable mortgage? Philippine law protects borrowers who sign sale documents to secure loans.
Equitable Mortgage vs Pacto de Retro Sale: Property Rights in the Philippines
Philippine Supreme Court explains the difference between equitable mortgage and pacto de retro sale, and why mortgagees cannot simply consolidate ownership.
Unmasking Equitable Mortgages in the Philippines: A Guide for Property Buyers and Sellers
When is a deed of sale actually a loan? Learn how Philippine courts unmask equitable mortgages and protect property buyers and sellers.
Deed of Sale or Loan Understanding: Equitable Mortgage in Philippine Property Law
When is a deed of sale really an equitable mortgage? The Supreme Court clarifies the rules on when courts will presume a loan arrangement.
Equitable Mortgage vs Absolute Sale: Protecting Borrowers in Financial Distress
When is a deed of absolute sale really a mortgage? The Supreme Court explains how courts protect borrowers who sign sale documents under financial pressure.
Pacto de Retro Sales in the Philippines: When a Land Sale Is Not an Equitable Mortgage
Philippine Supreme Court ruling clarifies when a pacto de retro sale stands as a true sale, not an equitable mortgage.
Equitable Mortgage vs. Pacto de Retro Sale: When a "Sale" Is Really a Loan
Philippine courts look beyond contract labels. Learn how Articles 1602 and 1603 protect borrowers from disguised loans and unfair foreclosure.
Equitable Mortgage vs. Pacto de Retro Sale: When a "Sale" Is Really a Loan
Philippine law presumes certain "sales with right to repurchase" are equitable mortgages, protecting borrowers from unfair lending arrangements.