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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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.
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.
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.
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.
Understanding Sheriffs Fees and Improper Solicitation in Extrajudicial Foreclosures
A sheriff's dismissal for demanding P5,000 per title in foreclosure fees—what the Supreme Court said about unauthorized collections.
Understanding the Importance of Proper Service of Summons in Judicial Foreclosure Cases in the Philippines
Learn how a Supreme Court ruling on simple neglect of duty underscores the critical role of proper service of court orders in Philippine judicial proceedings.
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 the Special Power to Sell in Real Estate Mortgages: A Supreme Court Ruling
Learn how the Supreme Court clarified what constitutes a valid special power to sell in extrajudicial foreclosure of real estate mortgages.
Foreclosure Writ of Possession: Appeal Does Not Stay Implementation
Supreme Court clarifies that an appeal of a writ of possession order in extrajudicial foreclosure does not suspend its implementation.
Writ of Possession After Foreclosure: A Ministerial Duty, Not a Discretionary Act
The Supreme Court affirms that issuing a writ of possession after extrajudicial foreclosure is ministerial once the buyer consolidates ownership, regardless of collateral challenges.
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.
Deficiency Claims After Foreclosure: Banks' Rights and Limits on Penalties
Philippine Supreme Court clarifies that banks may collect deficiency after extrajudicial foreclosure, but courts can reduce excessive penalty charges.
Sheriffs Cannot Bill or Collect Extrajudicial Foreclosure Fees—Only the Clerk of Court May
A sheriff who billed a bank P3,000 per extrajudicial foreclosure case was suspended. Only the Clerk of Court may collect these fees.
Possession Rights After Mortgage Foreclosure: Third Party Claims in the Philippines
When can third parties stop a writ of possession after extrajudicial foreclosure? The Supreme Court clarifies the rules on adverse possession.
Venue in Deficiency Claims: A Personal Action After Foreclosure
The Supreme Court clarifies that an action to recover a mortgage deficiency after extrajudicial foreclosure is a personal action, not a real action.
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.
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.
Writ of Possession for Subsequent Purchasers After Extrajudicial Foreclosure
The Supreme Court clarifies that a buyer who purchases foreclosed property from the auction winner may seek a writ of possession.
Clarifying Notice Requirements in Extrajudicial Foreclosure: Minor Errors Don't Void the Sale
When do errors in a foreclosure notice invalidate the sale? The Supreme Court clarifies that immaterial mistakes won't void an extrajudicial foreclosure.
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.
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.
Writ of Possession in Foreclosure: Ministerial Duty of Courts Explained
Philippine Supreme Court clarifies the ministerial duty of courts to issue writs of possession in extrajudicial foreclosure, and the binding effect of prior judgments.
When Property Appraisal Cannot Delay Foreclosure: Sycamore Ventures v. Metrobank
Supreme Court rules mortgaged property appraisal value is not a prejudicial question that can suspend extrajudicial foreclosure proceedings under Act No. 3135.