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.
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.
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.
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.
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.
Corporate Veil and Judgment Execution: Can a Successor Corporation Be Held Liable?
When a judgment debtor's assets pass to another corporation, can the winner enforce the judgment against the successor? The Supreme Court explains.
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.
Understanding Equity of Redemption in Philippine Property Law: A Landmark Case Insight
A Supreme Court ruling clarifies the equity of redemption for junior lien holders in judicial foreclosures, protecting their rights when not impleaded.
Understanding Lawyer Misconduct and Ethical Duties in Property Transactions
A Supreme Court ruling on a clerk of court's misconduct highlights the ethical boundaries court personnel must observe in property disputes.
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.
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.
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.
MCLE Disclosure Failures: Cruz v. Onshore Strategic Assets and Case Dismissal
A lawyer's failure to disclose MCLE compliance in pleadings can lead to dismissal of the case, as Cruz v. Onshore Strategic Assets shows.
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.
Unregistered Real Estate Mortgages: Valid Between Parties Despite Formal Defects
Philippine Supreme Court clarifies that defective notarization or registration of a real estate mortgage does not invalidate it between the parties.
Upholding Ethical Conduct: Disciplinary Action for Abuse of Court Processes
The Supreme Court suspends a lawyer for two years for dilatory tactics that delayed execution of a final judgment, violating the Lawyer's Oath and Code of Professional Responsibility.
Valid Consignation Demands Strict Compliance With Legal Requirements
Learn when depositing rent in a bank account is not valid consignation, and what the law requires for debt payment.
Mortgage Foreclosure Absence of Special Power to Sell Invalidates Extrajudicial Proceedings
Philippine Supreme Court rules that extrajudicial foreclosure requires a special power to sell inserted in or attached to the mortgage deed, otherwise the proceedings are void.
When an Agent's Mortgage Signed in Own Name Does Not Bind the Principal
A mortgage signed by an agent in a personal capacity, without indicating agency, binds only the agent, not the principal.
Writ of Possession After Foreclosure: When the Surplus Must Be Returned
Philippine Bank of Communications v. Yeung clarifies when a writ of possession issues after foreclosure and how sale surpluses are handled.
Dragnet Clauses and Foreclosure: Defining the Limits of Mortgage Security in the Philippines
A bank cannot inflate a foreclosure redemption price using a dragnet clause. The Supreme Court explains the limits of mortgage security.
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.