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.
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.
Equitable Mortgage Prevails When A Deed Of Sale Masks A Loan Agreement
When a deed of sale actually secures a loan, Philippine law treats it as an equitable mortgage. The Supreme Court explains the rules.
Conjugal Property vs Separate Insurance: When a Spouse's Death Does Not Pay Off the Mortgage
A Supreme Court ruling clarifies when a mortgage redemption insurance payout applies after a spouse's death, and how conjugal property is determined.
Bank Liable for Moral Damages Over Mortgage Redemption Insurance Non-Disclosure
When a bank offers mortgage redemption insurance, it must disclose coverage limits. Learn from Land Bank v. Miranda why non-disclosure can lead to damages.
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.
Mortgage in Good Faith vs True Owner: Navigating Philippine Property Law
Explore the Supreme Court's ruling on mortgagee in good faith versus true owner rights in Philippine property disputes.
Mortgage IN BAD Faith Banks Duty OF Diligence IN Real Estate Transactions 2
Equitable Mortgage vs Sale: Protecting Possessory Rights in Philippine Property Law
When is a deed of sale actually an equitable mortgage? The Supreme Court explains how Article 1602 protects possessory rights.
When a Bank's Auction Purchase Benefits the Mortgagor: PNB v. Tad-y
A bank that buys mortgaged property at a tax auction may hold it in trust for the mortgagor under the mortgage's agency clause.
Oral Partition and Mortgage Validity: Protecting Heirs' Rights in Property Disputes
The Supreme Court ruled that an oral partition ("toka") can be valid and that a mortgage over a non-owner's share is void, protecting heirs' property rights.
Equitable Mortgage vs Pacto de Retro: Protecting Borrowers From Unfair Loan Agreements
When is a "sale with right to repurchase" really a loan? The Supreme Court explains equitable mortgage and pactum commissorium.
Corporate Rehabilitation Mootness: When Successful Exit Ends Disputes
The Supreme Court dismisses as moot a dispute over the rehabilitation receiver's custody of mortgaged properties after Vitarich's successful rehabilitation exit.
Foreclosure Rights Understanding Redemption Periods AND Legal Remedies IN Mortgage Disputes
Philippine Supreme Court clarifies when Act No. 3135 applies in mortgage foreclosures and why borrowers must act within the redemption period.
Estoppel in Mortgage Foreclosures: Protecting Borrowers From Unfair Actions
Philippine Supreme Court ruling on co-owner rights in recovery of possession, clarifying when partition is not required before filing ejectment actions.
Blanket Mortgage Clauses: When Courts Protect Borrowers in Philippine Real Estate
A Supreme Court ruling shows when blanket mortgage clauses fail to cover new loans and why courts protect borrowers.
Understanding Property Disputes: The Impact of Bad Faith Construction on Land Ownership Rights
Learn how the Supreme Court ruled on bad faith claims in property disputes, mortgage validity, and foreclosure rights under Philippine law.
Understanding Mortgage Contract Validity: Lessons from a Philippine Supreme Court Ruling
A Supreme Court ruling clarifies when mortgage contracts are valid, how undue influence is proven, and the limits of injunctive relief in foreclosure disputes.
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.
Preliminary Injunctions in Mortgage Foreclosure Cases: What Philippine Courts Require
Learn the requirements for preliminary injunctions in mortgage foreclosure cases under Philippine law, explained in plain language for property owners and litigants.
Bank Fraud Liability: Why Due Diligence Goes Beyond Checking the Title
A bank that relies solely on a clean title may still be a mortgagee in bad faith. Learn the due diligence standard from a 2021 Supreme Court ruling.
Bank Liability and Jurisdiction in Mortgage Fraud Cases: The Hermosa Savings Bank Ruling
The Supreme Court clarifies which court handles claims against a bank under liquidation, and what this means for creditors.
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.