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.
Forum Shopping and Jurisdictional Challenges in Real Estate Mortgage Disputes
Learn how filing separate cases on mortgage validity and foreclosure can constitute forum shopping, and why the HLURB has exclusive jurisdiction.
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.
Annulment of Mortgage and Jurisdiction: When Is an Action Beyond Pecuniary Estimation?
The Supreme Court clarifies when an action to annul a real estate mortgage is incapable of pecuniary estimation, affecting which court has jurisdiction.
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.
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.
Mortgagee in Bad Faith When Reliance on Forged SPA Nullifies Real Estate Mortgage
A mortgagee who relies on a forged SPA without verifying the owner's authority may be in bad faith, voiding the mortgage.
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.
Upholding Real Estate Mortgage Validity Forgery Claims AND DUE Diligence IN Banking Transactions
Protecting Land Ownership: The Limits of Good Faith in Real Estate Transactions
The Supreme Court clarifies when a property owner's claim of fraud in a real estate mortgage fails for lack of evidence.
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.
Mortgagor Ownership and Estoppel: When a Real Estate Mortgage Stays Valid
Supreme Court clarifies when a mortgagor's ownership and estoppel uphold the validity of a real estate mortgage in PNB v. Reblando.
Understanding Dragnet Clauses in Philippine Real Estate Mortgages
Learn how dragnet clauses in Philippine real estate mortgages work, their legal limits, and how courts interpret these all-important security provisions.
Loan Contract Perfection and Mortgage Validity: Insights from Palada v. Solidbank
When is a loan contract perfected, and what makes a real estate mortgage valid? The Supreme Court clarifies in Palada v. Solidbank.
Can a Bank Foreclose the Entire Loan on a Partial Mortgage? Philippine Supreme Court Rules
Philippine Supreme Court rules on whether a bank may foreclose a real estate mortgage for the full loan amount when only part of it was secured by the property.
Mortgage Priority Good Faith Trumps Subsequent Attachment In Property Disputes
Supreme Court ruling on mortgage priority, good faith, and why unregistered attachments don't defeat prior real estate mortgages.
Continuing Security: How Future Debts Can Affect Real Estate Mortgages in the Philippines
The Supreme Court explains how a real estate mortgage can secure future loans, not just the original debt, through continuing guaranty clauses.
Unraveling Real Estate Mortgages When Does A Debt Secure Future Obligations
Philippine Supreme Court clarifies when real estate mortgages secure future obligations and the strict standards for preliminary mandatory injunctions.
Forged Signatures and Defective Acknowledgments: Protecting Property Rights in Real Estate Mortgages
Learn how defective notarization and forged signatures can invalidate a real estate mortgage, protecting property owners' rights.
Good Faith and the Lis Pendens Rule: Lessons from Cunanan v. Jumping Jap Trading
A Supreme Court ruling shows why a cancelled notice of lis pendens does not always protect a mortgagee, and how bad faith can void a real estate mortgage.
Securing Debts When Penalty Fees Fall Outside Mortgage Coverage
When a real estate mortgage doesn't mention penalty fees, those charges may not be secured by the mortgage. Learn the rule from Spouses Viola v. Equitable PCI Bank.
Dragnet Clauses in Mortgages: When Future Debts Are Secured Beyond the Initial Loan
Philippine Supreme Court explains how dragnet clauses in real estate mortgages cover future debts, and what borrowers must pay to redeem foreclosed property.
Unauthorized Real Estate Mortgage: Strict Interpretation of Special Power of Attorney
When a special power of attorney fails to identify the exact property, a mortgage over it is unenforceable. The Supreme Court explains why banks must verify authority.