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.

Showing 124 of 30 articles for auction sale

Foreclosure Publication Rule: Why Missing the Notice Voids the Sale

Failure to publish a foreclosure notice under Act No. 3135 is a jurisdictional defect that invalidates the sale, as Baclig v. Rural Bank of Cabugao shows.

Condonation Doctrine: Limits on Administrative Liability for Re-elected Officials

The Supreme Court clarifies the condonation doctrine's scope, applying it only to elected officials re-elected before April 12, 2016.

Enforcing a Philippine Judgment: Time Limits, Property Levies, and Revival

Learn the 5-year rule for executing judgments in the Philippines, how to revive a dormant judgment, and what property a sheriff can levy.

Tax Liens vs Judgment Credits: Priority Disputes in Philippine Law

Supreme Court ruling on when a tax lien beats a judgment creditor's levy on real property under the National Internal Revenue Code.

Navigating Will Probate: Key Lessons From a Landmark Philippine Supreme Court Case

A Philippine Supreme Court decision on property under custodia legis offers crucial lessons for lawyers and litigants in estate and will probate cases.

Lawyer Sanctioned for Misusing Court Custody of Levied Property

Supreme Court suspends lawyer for one year for taking a vehicle under custodia legis without court approval, violating the Code of Professional Responsibility.

Environmental Liability in the Philippines: Lessons from the Bataan Thermal Power Plant Case

The Supreme Court clarifies who bears cleanup liability for toxic wastes under Philippine environmental law, using the Bataan Thermal Power Plant case as a guide.

Attorney Suspended for Conflicting Representation and Accepting Fees from Opposing Party

A lawyer's one-year suspension for negotiating with the opposing party and accepting professional fees from them, violating client loyalty rules.

Forged Deeds and Imprescriptible Rights: Protecting Land Ownership in the Philippines

Philippine Supreme Court ruling on forged deeds, land ownership protection, and the limits of prescription in property disputes.

Sheriffs Must Strictly Follow Execution Procedures or Face Administrative Liability

Philippine Supreme Court reminds sheriffs to strictly follow execution rules, compute amounts themselves, and file timely returns.

Equitable Mortgage Ruling Reasserts Mortgagor Rights in Property Disputes

Supreme Court clarifies that in equitable mortgages, reconveyance to the mortgagor is the principal remedy—not payment of fair market value.

Annulment of Judgment: Extrinsic Fraud and Due Process in Property Disputes

When a property owner loses title without notice, annulment of judgment may lie. The Supreme Court clarifies extrinsic fraud and due process rules.

Tenants Rights and Landlords Title: Estoppel and Redemption in Lease Agreements

Learn how the Supreme Court ruled on repurchase agreements, estoppel, and landlord-tenant rights in foreclosure cases.

Res Judicata and Forum Shopping in Foreclosure Disputes: Villanueva v. Court of Appeals

The Supreme Court explains how res judicata and forum shopping bar repeated challenges to loan interest rates and foreclosure proceedings.

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.

Sheriff Dismissed for Unauthorized Auction and Falsified Sale Certificate

A sheriff who conducted an auction without authority and falsified a certificate of sale was dismissed from service for grave misconduct.

Newspaper Circulation and Foreclosure: Ensuring Public Notice in Property Sales

Supreme Court nullifies foreclosure sale because notice was published in a newspaper not circulated in the city where the property was located.

Condominium Ownership for Foreign Nationals: Property Rights Under the Condominium Act

Philippine Supreme Court clarifies that foreigners may own condominium units under RA 4726, separating land ownership from unit ownership.

Debt Recovery Execution: Waiver of Demand and Proving Overlevy

Learn when a sheriff's failure to demand payment is excused and how to prove overlevy in execution sales under Rule 39.

Real Property Tax Sales: Ensuring Proper Notice to Delinquent Owners

The Supreme Court clarifies the notice requirements for tax delinquency sales under P.D. 464, emphasizing strict compliance with statutory notice rules.

Real Estate Foreclosure in the Philippines: Notice Requirements and Due Process

A look at Guanco v. Antolo and why strict notice and posting rules govern extrajudicial foreclosure sales in the Philippines.

Deficiency Judgments in Philippine Foreclosure: Can Banks Recover More After Auction?

Philippine Supreme Court clarifies when banks can collect deficiency after extrajudicial foreclosure of real estate mortgages.

Demand NOT Always Needed When Philippine Banks CAN Foreclose Without Prior Notice

Philippine Supreme Court clarifies when banks may foreclose without prior demand, and limits on preliminary injunctions against foreclosure.

Real Property Tax Exemption for Telecoms: Understanding Franchise Rights in the Philippines

Learn how the Supreme Court ruled on Bayantel's real property tax exemption under its legislative franchise, and what this means for telecom companies.