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.

Showing 14 of 4 articles for pactum commissorium

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 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 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.

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.