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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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.
Protecting Homebuyers: How Philippine Law Safeguards Your Investment in Foreclosure Cases
A look at how Philippine law protects homebuyers from defective foreclosure sales, ensuring their investment remains secure.
Navigating Land Disputes: Understanding the Indefeasibility of Torrens Titles in the Philippines
A Supreme Court ruling clarifies how the indefeasibility of Torrens titles protects mortgagees in good faith and foreclosure sale purchasers in land disputes.
Buyer in Good Faith and Foreclosure Sales: When a Defective Auction Still Stands
The Supreme Court explains when a buyer in good faith can keep property even if the foreclosure sale had procedural defects.
Foreclosure Voided: Strict Compliance With Publication Requirements
Supreme Court voids foreclosure sale for lack of republication and reposting of rescheduled sale notice, affirming mandatory rules under Act No. 3135.
Foreclosure Sales and Repurchase Rights: Understanding Bank Discretion in Asset Disposition
Philippine Supreme Court clarifies that after the redemption period expires, former owners have no enforceable right to repurchase foreclosed property from the bank.
Filing an Annulment Case Does Not Stop the Redemption Period in Foreclosure Sales
Philippine Supreme Court clarifies that filing an annulment case does not toll the one-year redemption period in extrajudicial foreclosure sales.
Possession Disputes When Foreclosure Sales Meet Adverse Claims
When can a third-party possessor block a writ of possession after foreclosure? The Supreme Court clarifies the rules in Hernandez v. Ocampo.
Foreclosure Purchaser's Right to Possession Prevails Over Pending Mortgage Disputes
Supreme Court rules foreclosure sale purchaser may take possession despite pending mortgage annulment case, clarifying Philippine real estate law.
Foreclosure Sales Strict Compliance With Publication Requirements
Philippine Supreme Court rules that failure to strictly comply with publication requirements in extrajudicial foreclosure sales invalidates the sale and makes the notary public liable for damages.
Foreclosure Sales: The Impact of Non-Registration on Property Rights in the Philippines
Learn how the Supreme Court ruled that non-registration of a judicial foreclosure sale does not defeat the purchaser's rights.
Usurious Interest and Foreclosure: When Unconscionable Loan Terms Void a Foreclosure Sale
A Supreme Court ruling on how excessive interest rates can invalidate a foreclosure sale, and what borrowers and lenders must know.
Writ of Possession and Third-Party Rights in Extrajudicial Foreclosure Sales
When can a writ of possession be issued despite a third party's possession of foreclosed property? The Supreme Court clarifies the rule.
Contractual Obligations Prevail Enforcing Notice Requirements In Foreclosure Sales
When a mortgage contract requires personal notice of foreclosure, the bank must comply—or the sale may be void.
Writ of Possession After Foreclosure: When a Purchaser's Right Is Absolute
Philippine Supreme Court explains when a foreclosure sale purchaser may demand a writ of possession and when exceptions apply.
Writ OF Possession Rights OF Third Parties IN Foreclosure Sales
Preliminary Injunction and Foreclosure: When Mortgagors Can Stop a Sale
The Supreme Court clarifies when a mortgagor may obtain a preliminary injunction to stop an extrajudicial foreclosure sale.
When Can a Bank's Foreclosure Sale Be Nullified? Philippine Rules Explained
Philippine Supreme Court explains when a bank's foreclosure sale is valid or void, and what happens when a bank collects beyond what the mortgage covers.
Redemption Rights and Capital Gains Tax in Foreclosure Sales: Key Lessons from Supreme Transliner v. BPI Famil
Philippine Supreme Court clarifies redemption price in bank foreclosure sales, including when capital gains tax applies and what charges are valid.
Foreclosure Sales in the Philippines: The Legal Weight of Notice and Publication
A Supreme Court ruling clarifies the requirements for notice and publication in extrajudicial foreclosure sales under Act No. 3135.
Philippine Foreclosure Law: Why Publication Is Non-Negotiable for Banks
Philippine Supreme Court rules banks must prove newspaper publication in foreclosure sales; failure voids the entire proceeding.
Preliminary Injunctions in Foreclosure: Clear Legal Right Required
Philippine Supreme Court ruling on when courts may issue preliminary injunctions to stop extrajudicial foreclosure sales.