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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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.
Lost Court Records and Prescription: Lessons from a Philippine Supreme Court Case
When loans and mortgages go uncollected for years, prescription can cancel them. A 2021 Supreme Court ruling explains how.
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.
Equitable Mortgage vs Sale With Right to Repurchase: Redemption Rights and Prescription
Philippine Supreme Court clarifies when redemption periods apply in equitable mortgages versus sales with pacto de retro.
Unregistered Real Estate Mortgages: Valid Between Parties Despite Formal Defects
Philippine Supreme Court clarifies that defective notarization or registration of a real estate mortgage does not invalidate it between the parties.
Unregistered Land and Due Diligence: A Bank's Duty in Mortgage Contracts
When a bank mortgages unregistered land, it must verify true ownership. The Supreme Court explains the consequences of failing this duty.
Exclusive Venue Stipulations in Real Estate Mortgages: When They Bind the Parties
The Supreme Court clarifies when exclusive venue clauses in real estate mortgages are binding, even if borrowers challenge loan terms.
Res Judicata by Conclusiveness of Judgment Bars Relitigation of Equitable Mortgage
Final ruling that deeds of sale were equitable mortgages binds parties in later foreclosure case, explains the Supreme Court.
Concealment of Vehicle Documents as Estafa: Protecting Creditor Rights in Chattel Mortgages
The Supreme Court rules that concealing a vehicle's OR-CR can constitute estafa, protecting creditors' rights in chattel mortgages.
Due Process and Co-Ownership Rights in Non-Profit Organizations and Corporate Asset Transfers
Supreme Court ruling on void mortgages over deceased co-owner's share, good faith purchasers, and co-ownership rights in property transfers.
When a Spouse's Consent Is Missing: Void Mortgages and Conjugal Liability
A mortgage on conjugal property without the other spouse's consent is void, but the loan itself may still bind the family.
Co-Ownership Rights Protecting Inherited Property Against Unconsented Mortgages
Learn how co-owners can protect inherited property from unconsented mortgages and what the Supreme Court says about ownership rights.
Mortgage Rights Prevail Protecting Mortgagee Interests Over Subsequent Property Contracts
Philippine Supreme Court ruling on how registered mortgages prevail over later contracts to sell, protecting mortgagee rights.
Open Space Preservation: HLURB Authority Over Subdivision Mortgage Disputes
When a developer mortgages a subdivision's designated open space, homeowners can seek annulment before the HLURB, not just the courts.
Can a University Be Bound by Unauthorized Mortgages? Corporate Authority Explained
When can a corporation be bound by an officer's unauthorized acts? The Supreme Court explains in University of Mindanao v. Bangko Sentral ng Pilipinas.
Priority of Registered Adverse Claims Over Subsequent Mortgages: Protecting Land Rights in the Philippines
Learn how a registered adverse claim protects land rights against subsequent mortgages, and why prior registration prevails under Philippine property law.
Mortgages on Land Reform Properties: Balancing Bank Rights and Agrarian Justice
When land reform and bank mortgages collide, who gets the just compensation? The Supreme Court settles the rule.
Reformation of Contract: Correcting Errors to Reflect True Intent in Real Estate Mortgages
The Supreme Court clarifies when courts may reform a real estate mortgage to reflect the true intent of the parties, not its literal wording.
Decoding Loan Payments: How Courts Apply Payments to Interest vs Principal in Philippine Law
Philippine Supreme Court clarifies how loan payments are applied to interest before principal, and when chattel mortgages cover future loans.
Protecting Homebuyers: PD 957 Prevails Over Bank Mortgages in Subdivision Sales
Supreme Court rules banks must honor PD 957 protections for subdivision buyers, even when properties are mortgaged to secure developer loans.
Equitable Mortgage: Execution and Reconveyance of Property Explained
A Supreme Court ruling clarifies how courts must execute judgments involving equitable mortgages, emphasizing reconveyance over payment of fair market value.
Equitable Mortgage Ruling Reasserts Mortgagor Rights in Property Disputes
Supreme Court clarifies that in equitable mortgages, reconveyance to the mortgagor is the principal remedy—not payment of fair market value.
Accommodation Mortgages: Validity Upheld Despite Claims of Fraud
When is a real estate mortgage valid despite claims of fraud? The Supreme Court explains accommodation mortgages and the burden of proof.
Res Judicata and Buyer Rights: PNB v. Lim on Mortgages Under PD 957
The Supreme Court clarifies how final judgments bind parties and how condominium buyers can still redeem units despite a valid mortgage.