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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Publication Imperative Safeguarding Property Rights in Foreclosure Sales
Supreme Court rules strict publication of foreclosure sale notice is mandatory; failure invalidates sale and subsequent transfers.
Valid Publication in Extrajudicial Foreclosure: Reasserting Creditors' Rights
Philippine National Bank v. Maraya clarifies that publication of notice in extrajudicial foreclosure is mandatory, not excusable by the debtor's knowledge.
Foreclosure Surplus: Mortgagor's Right to Excess Proceeds After Debt Recomputation
When a foreclosure sale yields more than the actual debt, the mortgagor is entitled to the surplus—with interest.
Forfeiture of Retirement Benefits for Grave Misconduct and Neglect of Duty in Public Service
Supreme Court affirms forfeiture of a retired clerk of court's benefits for grave misconduct, misfeasance, and neglect of duty in foreclosure proceedings.
Writ of Possession in Foreclosure: Validity and Grounds for Annulment
Learn when a writ of possession is ministerial, when redemption ends, and the remedy to annul a foreclosure sale.
Retention Rights Under Agrarian Reform: Landowner's Duty of Full Disclosure
Philippine Supreme Court ruling on agrarian retention rights, emphasizing a landowner's duty of full disclosure in retention applications.
Possession Is Nine Tenths of the Law: Enforceability of a Writ of Possession During Appeal
Philippine Supreme Court clarifies when a writ of possession in extrajudicial foreclosures can be enforced even while an appeal is pending.
Chattel VS Real Property Foreclosure Sale Validity Hinges ON Agreed Classification
Loss of Redemption Rights: Inheriting Property After Mortgage Foreclosure in the Philippines
When a mortgaged property is foreclosed and not redeemed, heirs lose inheritance rights. The Supreme Court explains why.
Mortgagor's Stipulated Right to Notice Prevails in Foreclosure Proceedings
Supreme Court rules banks must honor contractual stipulations requiring personal notice to mortgagors before extrajudicial foreclosure, or risk nullifying the sale.
Redemption Rights in Foreclosure: Consignation of Redemption Price Is Mandatory
Philippine Supreme Court ruling: filing a judicial redemption action does not stop a writ of possession unless the redemption price is paid or consigned.
Separation of Proceedings: Annulment Case Cannot Delay Writ of Possession
Supreme Court rules consolidation of annulment case with writ of possession petition is grave abuse, delays foreclosure remedy.
Redemption Rights Strict Tender Of Full Payment Required In Foreclosure Cases
Philippine Supreme Court ruling on strict tender of full payment for property redemption after extrajudicial foreclosure.
Writ of Possession Limits: When Third-Party Adverse Claims Block Foreclosure Ejectment
A bank cannot use an ex parte writ of possession to eject third parties claiming adverse ownership of foreclosed property; due process requires a full hearing.
Possession vs Ownership: Writ of Possession and Third-Party Claims in Philippine Foreclosures
A writ of possession is ministerial only against the mortgagor. Third parties with adverse claims must be heard first.
When Foreclosure Is Not Bad Faith: DBP v. Doyon on Mortgagee Rights
Supreme Court clarifies when a bank's foreclosure after withdrawing an earlier case is not bad faith, and upholds mortgage possession and auction rules.
Foreclosure Rights: DBP Can Foreclose Despite Prior Dismissal of Case
Philippine Supreme Court ruling on whether a bank's withdrawal of a foreclosure case bars it from foreclosing again later. Learn the rules.
The Imperative of Due Process Hearing Requirement for Preliminary Injunctions in Mortgage Disputes
The Supreme Court nullifies a preliminary injunction issued without hearing, underscoring due process in mortgage foreclosure disputes.
Mortgage Validity and Foreclosure: Protecting Property Rights Under Philippine Law
The Supreme Court clarifies when a mortgage is void, how redemption periods work, and why prior judgments bind parties in foreclosure disputes.
Newspaper Circulation and Foreclosure: Ensuring Public Notice in Property Sales
Supreme Court nullifies foreclosure sale because notice was published in a newspaper not circulated in the city where the property was located.
Enforcing Final Judgments: Accounting for Unlawful Rental Collection After Foreclosure
Philippine Supreme Court clarifies that final judgments may be executed even if the exact amount is unstated, allowing courts to conduct hearings for accounting.
Redemption Rights in Foreclosure Sales: Scope and Transferability Under Philippine Law
The Supreme Court clarifies the scope of redemption rights in extrajudicial foreclosure sales and when such rights may be validly transferred.
Forum Shopping in Mortgage Disputes: When Causes of Action Differ
Supreme Court clarifies when simultaneous mortgage foreclosure and damages suits do not constitute forum shopping, explaining the test for identity of causes of action.
Certification Against Forum Shopping: The High Cost of Non-Disclosure
Failure to disclose a related case in a certification against forum shopping can lead to indirect contempt. Learn from this Philippine Supreme Court ruling.