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.
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.
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.
Perfecting Appeals Strict Compliance With Rules OF Court IS Mandatory
Learn how the Supreme Court ruled on writs of possession, third-party adverse claims, and strict procedural compliance in extrajudicial foreclosures.
Protecting Possessory Rights When A Writ Of Possession Cannot Override Third Party Claims
When a third party actually possesses foreclosed property under an adverse claim, a writ of possession is not ministerial. Learn the rule.
Foreclosure Notice Requirements: BPI v. Puzon on Posting, Publication, and Presumption of Regularity
Supreme Court clarifies notice requirements in extrajudicial foreclosure, upholding sale where publication was made and presumption of regularity applied.
Publication Imperative Safeguarding Property Rights in Foreclosure Sales
Supreme Court rules strict publication of foreclosure sale notice is mandatory; failure invalidates sale and subsequent transfers.
Possession Is Nine Tenths of the Law: Enforceability of a Writ of Possession During Appeal
Philippine Supreme Court clarifies when a writ of possession in extrajudicial foreclosures can be enforced even while an appeal is pending.
Mortgagor's Stipulated Right to Notice Prevails in Foreclosure Proceedings
Supreme Court rules banks must honor contractual stipulations requiring personal notice to mortgagors before extrajudicial foreclosure, or risk nullifying the sale.
Writ of Possession as Ministerial Duty: Rayo v. Metrobank on Due Process Limits
The Supreme Court affirms that a writ of possession after extrajudicial foreclosure is a ministerial duty, even if issued ex parte. Learn the limits of due process claims.
Extinguishment of Debt by Overpayment and Nullification of Extrajudicial Foreclosure
When overpayment extinguishes a mortgage debt, a foreclosure based on alleged default has no legal basis and may be voided.
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.
Possession After Foreclosure: Why the Buyer Wins the Writ of Possession
Buyers in extrajudicial foreclosure sales are entitled to possession of the property. The Supreme Court explains why in Samson v. Rivera.