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 28 articles for foreclosure

Foreclosure Suit as Sufficient Demand: Goldland Tower Ruling Explained

The Supreme Court clarifies when filing a foreclosure lawsuit itself serves as the legal demand required to put a debtor in default under Philippine law.

Foreclosure Judgments Must State Amount and Payment Period: Lontoc v. Tiglao

A foreclosure judgment must specify the exact amount due and the payment period under Rule 68, Section 2, or it cannot be executed.

Deficiency Claims After Mortgage Foreclosure: The Prieto v. BPI Ruling

Learn how the Supreme Court's Prieto v. BPI ruling protects borrowers from unproven deficiency claims after mortgage foreclosure in the Philippines.

Extrajudicial Foreclosure in the Philippines: Why a Special Power of Attorney Is Required

The Supreme Court ruled that a general foreclosure clause is not enough—mortgagees need express authority to sell property extrajudicially.

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.

Calculating Redemption Price in Extrajudicial Foreclosures: BPI v. LCL Capital Explained

Learn how Philippine courts compute redemption prices in bank foreclosures under the General Banking Law, based on the Supreme Court's ruling in BPI v. LCL Capital.

Mortgagee in Good Faith in the Philippines: What Jimenez v. Jimenez, Jr. Means for Property Owners

Learn how the mortgagee in good faith doctrine protects lenders and foreclosure buyers in the Philippines, explained through the Jimenez case.

Timely Intervention and Jurisdictional Limits in Philippine Estate Proceedings

Learn how the Constantino case clarifies intervention rules and probate court limits in Philippine estate proceedings.

Mortgage Foreclosure and Prescription in the Philippines: Key Lessons from a Landmark Case

Learn how prescription periods affect mortgage foreclosure in the Philippines, based on the Supreme Court's ruling in Active Wood Products v. State Investment House.

Writ of Possession in Philippine Foreclosures: Finality and the Lessons from HH & Co. v. Perlas

Learn when a writ of possession becomes final and executory in Philippine foreclosures, and why courts rarely recall it, based on HH & Co. v. Perlas.

Laches in Philippine Law: How Delay Can Bar Your Legal Claims

Learn how the doctrine of laches can bar legal claims in the Philippines, even before the prescriptive period expires, through the Supreme Court's ruling in Ang v. Abaldonado.

Unconscionable Interest Rates: When 5% Monthly Loan Interest Is Void in the Philippines

Philippine courts void unconscionable loan interest rates even if borrowers agreed to them. Learn the rules, the legal interest substitute, and foreclosure effects.

Authority to File Suit: When a Missing SPA Defeats Court Jurisdiction

A complaint filed by an attorney-in-fact without a Special Power of Authority is invalid, depriving the court of jurisdiction over the case.

Emancipation Patents Under Voluntary Land Transfer: The Marinas Ruling

The Supreme Court clarifies when emancipation patents are valid under PD 27's Voluntary Land Transfer scheme, including co-owner consent and payment timing.

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.

Extrinsic Fraud and Annulment of Judgment: What Litigants Must Know

The Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud, and explains the strict requirements for annulling a final judgment under Rule 47.

Motion for Reconsideration Before Certiorari: The Novateknika Rule

Philippine courts require a motion for reconsideration before filing certiorari. Learn the rule, its exceptions, and why it matters.

Levy on Mortgaged Property in the Philippines: Sheriff's Duties Explained

Philippine Supreme Court clarifies that sheriffs may levy mortgaged properties to satisfy judgments, as debtors retain beneficial ownership until foreclosure.

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.

Final Judgments in Philippine Courts: Supervening Events and the Doctrine of Immutability

Learn how the Supreme Court defines supervening events and why final judgments in the Philippines are generally immutable and unalterable.

Docket Fees and Jurisdiction: The David Lu Case on Actions Incapable of Pecuniary Estimation

Learn how the Supreme Court's David Lu ruling clarifies docket fees and jurisdiction for actions incapable of pecuniary estimation in Philippine courts.

Right of Pre-emption for Adjoining Landowners in the Philippines: A Guide

Learn how Article 1622 protects adjoining landowners of small urban lots, explained through the Supreme Court case Contreras v. Alcantara.

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.

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.