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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Writ of Possession and Foreclosure: When a Threat to Foreclose Does Not Vitiate Consent
Supreme Court ruling on extrajudicial foreclosure, simulated contracts, and why a threat to enforce a legal claim does not vitiate consent.
Mortgage Validity and Writ of Possession: Upholding Contracts Absent Vitiated Consent
Philippine Supreme Court ruling on writ of possession in foreclosure, contract validity, and consolidation of cases explained in plain language.
Res Judicata and Final Judgments: What Torres v. Medina Means for Litigants
The Supreme Court explains when a final judgment bars a new lawsuit, using a foreclosure dispute to illustrate res judicata's elements and limits.
Foreclosure Sales Upholding Validity Despite Single Bidder
Philippine Supreme Court clarifies that extrajudicial foreclosure sales remain valid even with only one bidder, settling the two-bidder rule question.
Cooperative Fees Supreme Court Limits Exemptions In Foreclosure Proceedings
Supreme Court clarifies that cooperatives' exemption from court fees under the Cooperative Code does not apply to extrajudicial foreclosure petitions.
Mortgage Foreclosure: Why a Bank Can Foreclose Despite Loan Transfer Doubts
Supreme Court ruling on when a bank may foreclose mortgaged property even if the borrower questions the assignment of loan receivables.
Certiorari as an Improper Remedy: Navigating Procedural Missteps in Foreclosure Annulment
When a final judgment can be appealed, certiorari is not available. Learn the procedural rules from a Philippine Supreme Court ruling.
Finality of Foreclosure: Rights and Duties After a Mortgage Default
What happens after a mortgage default and foreclosure sale becomes final? The Supreme Court clarifies the mortgagor's rights and duties.
Truth in Lending Disclosure in Promissory Note Valid for Penalty Charges
Supreme Court rules penalty charges disclosed in promissory note satisfy Truth in Lending Act, but courts may reduce unconscionable rates.
Mortgage Foreclosure Rights Prevail When Preliminary Injunction Lacks Legal Basis
Supreme Court nullifies preliminary injunction blocking bank foreclosure, ruling debtors' failure to show clear right constitutes grave abuse of discretion.
Writ of Possession in Extrajudicial Foreclosure: No Certification Against Forum Shopping Required
Learn why the Supreme Court ruled that an ex parte petition for a writ of possession is not an initiatory pleading, so no certification against forum shopping is needed.
Upholding Foreclosure Validity When Technicalities Yield to Substantial Compliance
Supreme Court clarifies that minor defects in posting certificates don't invalidate extrajudicial foreclosure when publication and notice requirements are substantially met.
Foreclosure Notice Requirements: BPI v. Puzon on Posting, Publication, and Presumption of Regularity
Supreme Court clarifies notice requirements in extrajudicial foreclosure, upholding sale where publication was made and presumption of regularity applied.
Prescription IN Mortgage Actions Understanding Foreclosure AND Property Rights
Upholding Contractual Obligations When Clear Terms Prevail Over External Claims
The Supreme Court affirms a rehabilitation plan over creditor objections and allows foreclosure of an accommodation mortgagor's property outside the stay order.
Preliminary Injunction AND Foreclosure Safeguarding Property Rights Pending Debt Disputes
When Courts Can Stop a Foreclosure: Preliminary Injunctions in Mortgage Disputes
The Supreme Court explains when a court may issue a preliminary injunction to stop a bank's extrajudicial foreclosure pending trial.
Republication of Foreclosure Sale Notices: Protecting Third-Party Rights
When a foreclosure sale is postponed, the notice must be republished and reposted. The Supreme Court explains why in Metrobank v. Nikko Sources.
Protecting Agrarian Reform Beneficiaries Mortgage AND Foreclosure Restrictions
Respecting Final Judgments: The Imperative of Closure in Legal Proceedings
Explore the Supreme Court's ruling in Ibasco v. PDCP on finality of judgments, timely appeals, and the limits of injunctive relief in foreclosure cases.
Writ of Possession Denied When Third Party Holds Property Adversely to Mortgagor
Supreme Court clarifies when a bank cannot get a writ of possession after foreclosure—when a third party holds the property under an adverse title.
Chattel Mortgage Foreclosure: Attaching Creditors, Notice, and the Equity of Redemption
When a chattel mortgage is foreclosed, who must receive notice of the sale? The Supreme Court clarifies the rights of attaching creditors.
Foreclosure Rights vs BP 22: Understanding Creditors' Remedies and Their Limits
Philippine Supreme Court clarifies that annulment of judgment is only for civil cases, not criminal convictions like swindling.
Default and Foreclosure: When Accepting Late Payments Waives the Right to Foreclose
A lender who accepts late and partial payments after a borrower's default may waive the right to foreclose. Learn the rule from this Philippine case.