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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Mortgage Still Valid Loan Restructuring AND Novation IN THE Philippines Reyes V BPI Family Savings Bank
When does loan restructuring cancel a real estate mortgage? The Supreme Court explains novation rules in Reyes v. BPI Family Savings Bank.
Foreclosure on Multiple Properties: Mortgage Indivisibility and Writ of Possession in the Philippines
Learn how Philippine law handles foreclosure of multiple mortgaged properties in different locations and the rules on writ of possession.
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 Absolute Sale: Protecting Your Property Rights in the Philippines
When is a deed of absolute sale actually an equitable mortgage? Philippine law protects borrowers who sign sale documents to secure loans.
Loan Agreements and Chattel Mortgages: When Can a Signed Contract Be Challenged
A signed loan document isn't always binding. Learn when Philippine courts allow borrowers to challenge promissory notes and chattel mortgages.
Choosing Foreclosure Vendor Cant Demand Unpaid Balance After Seizing Property
Philippine Supreme Court ruling: a vendor who forecloses a chattel mortgage cannot also sue for the unpaid balance. Article 1484 explained.
Trust Receipts vs Mortgage: Who Owns the Goods in Philippine Law?
Philippine Supreme Court ruling on trust receipts versus chattel mortgages, ownership disputes, and the rights of entrustors over mortgaged goods.
Mortgage Foreclosure and Prescription: The 10-Year Limit on Debt Recovery
Philippine Supreme Court ruling on the 10-year prescription period for mortgage foreclosure actions and strict appeal deadlines.
Chattel Mortgage vs Installment Sales: Creditor Remedies in the Philippines
Philippine Supreme Court clarifies when a creditor may collect the unpaid balance after repossessing a vehicle under a chattel mortgage.
Foreclosure Sales and Labor Claims: When Buyers Are Not Liable for a Mortgagor's Debts
The Supreme Court clarifies that a mortgagee-creditor who buys foreclosed assets does not automatically assume the mortgagor's labor liabilities.
Double Sale Prior Good Faith Purchaser Prevails Over Subsequent Mortgagee
DUE Diligence IN Real Estate Mortgage A Banks Duty TO Investigate Beyond THE Title
Equitable Mortgage vs Absolute Sale: Protecting Borrowers in Land Transactions
When is a deed of sale actually a loan secured by property? The Supreme Court explains equitable mortgage protections for borrowers.
When a over his 15.3955-hectare unregistered parcel of land in Davao City in favor of Benny Go for P20,000.00.
Bacaron filed a complaint for reformation of instrument, arguing that the true agreement was an equitable mortgage. He pointed out that the P20,000.00 considera
Parol Evidence Rule Bars Verbal Conditions on Written Contracts: Allied Banking v. Cheng Yong
Supreme Court clarifies that clear written contracts cannot be varied by verbal stipulations, applying the parol evidence rule to loan and mortgage agreements.
Equitable Mortgage: When a Deed of Sale Disguises a Loan Security
Philippine Supreme Court explains when a deed of absolute sale is really an equitable mortgage securing a debt.
Mortgage Agreements Defining THE Limits OF A Debtors Liability IN Philippine LAW
Philippine Supreme Court ruling on dragnet clauses in mortgages and their effect on a debtor's liability limit.
Venue Disputes Distinguishing Real From Personal Actions In Contract Annulment
Philippine Supreme Court clarifies when an action to annul a loan and mortgage contract is personal or real for venue purposes.
Estate Mortgage Invalidity Securing Court Approval FOR Estate Property Transactions
Philippine Supreme Court ruling on why estate property mortgages require court approval under Rule 89, with practical guidance.
Equitable Mortgage vs Absolute Sale: When a Deed of Sale Is Really a Loan Security
Philippine Supreme Court explains when a deed of absolute sale is actually an equitable mortgage protecting borrowers from predatory lending.
Writ of Possession: Ex Parte Nature and Independence From Mortgage Disputes
A Supreme Court ruling explains why a writ of possession is issued ex parte and why it can stand even while a case questioning the mortgage is still on appeal.
Good Faith Under Scrutiny Exploring THE Limits OF Mortgagee Protection IN Philippine LAW
Mortgage in Bad Faith When Due Diligence Falls Short
A mortgagee who fails to verify the identity and authority of the mortgagor is not in good faith and loses protection under PD 1529.
Dragnet Clauses in Mortgages: Limits on Securing Future Debts with Existing Collateral
Philippine Supreme Court clarifies when a dragnet clause in a real estate mortgage covers future loans, and when separate security prevails.