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 17 of 7 articles for indivisibility

Extinctive Novation: When a New Loan Cancels an Old Debt and Invalidates Foreclosure

Philippine Supreme Court ruling explains how extinctive novation cancels old debts and why foreclosing on extinguished obligations is premature and void.

Understanding the Prohibition Against Splitting a Cause of Action in Loan and Mortgage Cases

A Supreme Court ruling clarifies when a bank cannot file both foreclosure and collection suits for the same loan obligation.

Surety Liability After Foreclosure: Carodan v. China Banking Corporation

When a bank releases a principal debtor's collateral, a surety may still be liable for the deficiency if the surety agreement expressly allows it.

Mortgage Nullification and Condominium Buyer Protection: Balancing Rights and Obligations

Supreme Court clarifies that a condominium buyer can nullify a mortgage only insofar as it affects their unit, not the entire mortgage.

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.

Probate Proceedings and Testamentary Provisions: Balancing Testator Intent with Statutory Limits

A Supreme Court ruling on enforcing a testator's 20-year non-partition directive, balancing testamentary intent against Civil Code limits on indivision.

Foreclosure on Multiple Properties: Mortgage Indivisibility and Writ of Possession in the Philippines

Learn how Philippine law handles foreclosure of multiple mortgaged properties in different locations and the rules on writ of possession.