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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When Can a Writ of Possession Be Challenged? Property Rights Explained
A recent Supreme Court ruling clarifies when buyers of condominium units or parking slots can challenge a writ of possession issued after 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.
When Can a Bank’s Foreclosure Be Annulled? Overpayment and the Duty to Account
The Supreme Court clarifies when a bank’s foreclosure may be annulled due to overpayment or failure to render a full accounting of loan payments.
Foreclosure Prescription: When Does a Bank's Right to Foreclose Expire?
Philippine Supreme Court clarifies that extrajudicial foreclosure filings do not stop the 10-year prescription period for mortgage actions under Article 1142.
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.
Writ of Possession, Third-Party Claims, and the Limits of Ministerial Duty in Foreclosure Cases
When a third party claims rights over foreclosed property, the writ of possession is no longer ministerial—but only if that claim is truly adverse.
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.
Forged Signatures and Conjugal Property: Protecting Your Rights in Real Estate Mortgages
A foreclosure case dismissed for lack of jurisdiction teaches homeowners how to challenge defective mortgages and protect conjugal property.
Foreclosure Jurisdiction: Assessed Value of Property Determines the Proper Court
In foreclosure suits, the property's assessed value—not the loan amount—determines which court has jurisdiction. Learn from a recent Supreme Court ruling.
Writ of Possession: Ministerial Duty vs Third-Party Adverse Claims in Foreclosure Sales
The Supreme Court clarifies when a writ of possession is ministerial and when third-party adverse claims can stop it.
Condominium Foreclosure Special Authority Imperative FOR Extrajudicial Sales
Philippine Supreme Court clarifies that condominium corporations need special authority to extrajudicially foreclose units for unpaid dues.
Agricultural Tenancy Bars Foreclosure Writ of Possession: Land Bank v. Basilan
The Supreme Court rules that agricultural tenancy is a valid third-party claim that suspends a writ of possession over foreclosed land.
Agrarian Reform vs Bank Foreclosure: Protecting Farmer Beneficiaries' Land Rights
Supreme Court voids bank foreclosure of an emancipation patent awarded under agrarian reform, reinforcing the 10-year transfer ban.
When Agrarian Reform Lands Cannot Be Foreclosed: The 10-Year Rule
A Supreme Court ruling on why a rural bank's foreclosure of an agrarian reform beneficiary's land within the 10-year retention period was void.
Foreclosure Rights Understanding Redemption Periods AND Legal Remedies IN Mortgage Disputes
Philippine Supreme Court clarifies when Act No. 3135 applies in mortgage foreclosures and why borrowers must act within the redemption period.
Writ of Possession: Ministerial Duty vs Equitable Claims in Foreclosure
The Supreme Court clarifies when a writ of possession is ministerial in foreclosure cases and when equitable claims may delay it.
Mutuality of Contracts and Foreclosure Rights in Philippine Loans
Philippine Supreme Court clarifies that void interest stipulations do not invalidate foreclosure when the principal debt remains unpaid.
Due Process in Foreclosure: Banks Must Personally Notify Mortgagors
The Supreme Court now requires banks to personally notify mortgagors before extrajudicial foreclosure, reversing decades of precedent under Act No. 3135.
Unilateral Interest Rate Hikes When Banks Overstep Their Bounds In Loan Agreements
Philippine Supreme Court rules on void unilateral interest rate hikes by banks, mutuality of contracts, and foreclosure validity.
Writs of Possession in Extrajudicial Foreclosures: What Borrowers Should Know
Learn when courts must issue writs of possession after extrajudicial foreclosure, the limited exceptions, and the proper remedies for borrowers.
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.
Protecting Homebuyers: Supreme Court on Foreclosure and Third-Party Rights
The Supreme Court rules that condominium buyers in actual possession may be excluded from writs of possession after foreclosure, protecting them from summary eviction.