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 118 of 18 articles for certificate of 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.

Writ of Possession After Foreclosure: Third-Party Claims in Philippine Mortgage Sales

Philippine Supreme Court ruling on writ of possession in mortgage foreclosures, explaining when third-party adverse claims can block eviction.

Improper Levy Voids Execution Sale Protecting Due Process in Debt Recovery

Supreme Court rules labor tribunals cannot hold corporate officers liable without summons, voiding execution sales against them.

Redemption Rights Clarifying Repurchase Price After Foreclosure Of Public Land

Supreme Court clarifies the repurchase price for foreclosed free patent land under Section 119 of the Public Land Act.

Partial Redemption in Philippine Foreclosure: Can You Redeem Select Properties?

Philippine law allows partial redemption of foreclosed properties. Learn the rules, limits, and practical implications from a key Supreme Court ruling.

Demand Is Key to Rescission Rights in Philippine Contract Law

Philippine Supreme Court clarifies that demand is essential before rescission or foreclosure rights can be exercised under contract law.

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.

Sheriffs Must Execute Writs Promptly: Lessons from Dacdac v. Ramos

A sheriff's four-year delay in issuing a certificate of sale drew administrative liability. Learn the rules on execution of judgments.

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.

Equitable Mortgages Have No Redemption Right in Judicial Foreclosure for Private Mortgagees

In a judicial foreclosure of an equitable mortgage by a private lender, the mortgagor has no right of redemption after confirmation of sale.

Foreclosure and the Right to Possession: Protecting Bank Assets in Liquidation

A bank in liquidation can still seek a writ of possession over foreclosed property. Learn the rules on jurisdiction, intervention, and redemption.

Mortgagee as Indispensable Party in Title Nullification Suits: Key Lessons

A mortgagee must be joined in suits to nullify a Torrens title; otherwise, the resulting judgment is void for lack of jurisdiction.

Reversion of Fraudulent Land Titles: The State's Right to Reclaim Public Property

The Supreme Court affirms the State's power to revert fraudulently acquired public land, even after the one-year indefeasibility period.

Homestead Redemption After Foreclosure: The 5-Year Right Under the Public Land Act

Homesteaders have a five-year right to repurchase foreclosed land under the Public Land Act, even after a bank consolidates title.

Legal Interest in Philippine Judgments: Simple vs. Compound Interest Explained

Philippine courts apply simple legal interest on monetary judgments unless compound interest is explicitly stipulated. Learn the rules from David vs. Court of Appeals.

Redemption Rights Under the Public Land Act: A Guide for Heirs and Mortgagors

Learn how the two-year redemption and five-year repurchase periods work for foreclosed Public Land Act properties, and what heirs should know.

Redemption After Execution Sale: Ownership Disputes Do Not Stop the Clock

Philippine law gives judgment debtors one year to redeem property sold at execution. Ownership disputes do not suspend that deadline.