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Showing 1–20 of 20 articles for “pacto de retro”

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.

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.

Pacto de Retro Sales: Indispensable Parties and Overcoming Presumptions

Supreme Court clarifies who are indispensable parties in pacto de retro consolidation cases and when notarized documents prevail.

Land Registration: Proving Possession Since June 12, 1945 for Title Applications

Philippine Supreme Court ruling on pacto de retro sales, indispensable parties, and evidentiary weight of notarized documents in land title disputes.

Dividing Inherited Lands: Ownership Disputes and Property Rights in the Philippines

Learn how Philippine courts resolve inherited land disputes, including pacto de retro sales, co-ownership, and the rights of buyers in good faith.

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers From Unfair Land Seizure

When is a "sale with right to repurchase" really a loan? The Supreme Court explains equitable mortgage protections for Filipino landowners.

Rescission Rights in Pacto de Retro Sales: When Can a Seller Reclaim Property

Philippine Supreme Court clarifies when a seller can rescind a pacto de retro sale and reclaim property from a defaulting buyer.

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers' Rights

When is a sale with right to repurchase actually an equitable mortgage? The Supreme Court explains the legal presumption protecting borrowers.

Equitable Mortgage vs Pacto de Retro Sale: Philippine Real Estate Security Rules

Philippine Supreme Court clarifies when a deed of sale with right to repurchase is actually an equitable mortgage, protecting borrowers from losing property.

Equitable Mortgage vs Pacto de Retro Sale: Property Rights in the Philippines

Philippine Supreme Court explains the difference between equitable mortgage and pacto de retro sale, and why mortgagees cannot simply consolidate ownership.

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers in Land Transactions

When is a deed of sale with right of repurchase actually an equitable mortgage? The Supreme Court explains in Blancia v. Calauor.

Simulated Sale or Real Deal: How Philippine Courts Protect Property Owners From False Contracts

Philippine courts distinguish real estate mortgages from pacto de retro sales. Learn how judges protect property owners from fraudulent contracts.

Pacto de Retro Sale: Consolidation of Ownership and the Judicial Order Requirement

Philippine Supreme Court explains when a judicial order is needed to consolidate ownership in a pacto de retro sale, and when it is not.

Pacto de Retro Sales in the Philippines: When a Land Sale Is Not an Equitable Mortgage

Philippine Supreme Court ruling clarifies when a pacto de retro sale stands as a true sale, not an equitable mortgage.

Equitable Mortgage vs. Pacto de Retro Sale: When a "Sale" Is Really a Loan

Philippine courts look beyond contract labels. Learn how Articles 1602 and 1603 protect borrowers from disguised loans and unfair foreclosure.

Equitable Mortgage vs Pacto de Retro Sale: Protecting Property Rights in the Philippines

Philippine Supreme Court ruling on when a sale with right to repurchase is actually an equitable mortgage, protecting property owners from unfair transactions.

Time Is of the Essence: Prescription and Laches in Philippine Property Disputes

Philippine Supreme Court ruling on how prescription and laches bar property claims filed decades after a sale with pacto de retro.

Contracts Still Stand: Why Bounced Checks Don't Always Void a Pacto de Retro Sale

Philippine Supreme Court ruling on why dishonored checks don't invalidate a pacto de retro sale when consideration existed at execution.

Equitable Mortgage vs. Pacto de Retro Sale: When a "Sale" Is Really a Loan

Philippine law presumes certain "sales with right to repurchase" are equitable mortgages, protecting borrowers from unfair lending arrangements.

Right of Repurchase in Philippine Real Estate: Pacto de Retro Rules Explained

Learn the rules on pacto de retro sales and the right of repurchase in Philippine real estate, including annotation duties and judicial requirements.