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.
Get a cited, plain-language answer from 184,000+ statutes and decisions — free, no sign-up.
Equitable Interest When Mortgage Rates Clash With Legal Limits in the Philippines
Philippine Supreme Court ruling on redemption rights, mortgage rates, and legal limits in Banco Filipino case.
Lease After Foreclosure Overrides Writ of Possession: Philippine Rule
A post-foreclosure lease between mortgagor and mortgagee creates a new relationship, making ejectment, not writ of possession, the proper remedy.
Mortgage Foreclosure and the Court's Ministerial Duty: Zarate v. Maybank
Learn how the Supreme Court ruled on dismissal for failure to prosecute in a mortgage foreclosure redemption case.
Homeowner Rights vs Developer Authority Clarifying Subdivision Regulations in the Philippines
The Supreme Court clarifies when a homeowner's Torrens title can be subdivided, and a bank's liability for releasing a mortgaged owner's duplicate certificate.
Burden of Proof in Loan Obligations: Debtor Must Prove Payment Despite Creditor's Claim of Non-Payment
Philippine Supreme Court ruling on who bears the burden of proving payment in loan and mortgage obligations, and when contract rescission is proper.
Equitable Mortgage vs Sale with Right to Repurchase: Protecting Borrowers in Property Deals
When is a "sale with right to repurchase" actually an equitable mortgage? The Supreme Court explains the legal tests protecting vulnerable borrowers.
Equitable Mortgage vs Absolute Sale: Protecting Vulnerable Parties in Property Transactions
When is a deed of sale really a loan? The Supreme Court explains how courts look beyond documents to protect vulnerable parties.
Equitable Mortgage vs Absolute Sale: Protecting Vulnerable Grantors in Property Transactions
When a deed of absolute sale is actually an equitable mortgage, courts look at intent and circumstances, not just the document's title.
When a Land Sale Contract Is Voidable: Illiteracy, Fraud, and Equitable Mortgage in the Philippines
Philippine Supreme Court ruling on when a deed of absolute sale is actually an equitable mortgage, protecting illiterate landowners from fraud.
Partition Ends Co-Ownership: Mortgage on Divided Property Valid
Supreme Court rules that a deed of partial partition ends co-ownership, making a subsequent mortgage on an adjudicated property valid without other heirs' consent.
Marital Consent Is Key: Encumbering Conjugal Property Without Spouse's Agreement Is Void
A spouse cannot mortgage conjugal property without the other spouse's written consent. The Supreme Court explains why such encumbrances are void.
Writ OF Possession Mortgagees Right Prevails Despite Pending Challenges TO Foreclosure
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.
Mortgage in Good Faith: How Registered Mortgages Protect Lenders Despite Title Defects
Philippine Supreme Court ruling on how registered mortgages protect lenders in good faith, even when prior unregistered sales exist.
Registered Mortgage Prevails Over Unregistered Sale Protecting Good Faith Purchasers
Unmasking Equitable Mortgages in the Philippines: A Guide for Property Buyers and Sellers
When is a deed of sale actually a loan? Learn how Philippine courts unmask equitable mortgages and protect property buyers and sellers.
Writ of Possession Is Ministerial Duty Despite Pending Mortgage Disputes
Philippine Supreme Court ruling on why courts must issue writs of possession in foreclosure sales even when the mortgage validity is being challenged.
When a Writ of Possession Is Ministerial: Lessons from a Judge's Administrative Case
The Supreme Court explains why a judge cannot be disciplined for issuing a writ of possession after foreclosure, even if the mortgagor questions the mortgage's validity.
Foreclosure Rights VS Damages Dbps Mortgage Lien AND THE Limits OF Injunction
Losing Your Day in Court: Understanding the Strict Rules of Appeal in Philippine Law
The Supreme Court clarifies that permanent injunctions cannot bar government banks from foreclosing mortgages, and explains the limits of moral damages.
Real vs Personal Action: Venue in Mortgage Cancellation Cases
When is a suit to cancel a real estate mortgage a real action? The Supreme Court explains how venue is determined.
Real Action or Personal Action: Where to File Suits Over Mortgaged Property
A Supreme Court ruling explains why a case to cancel a real estate mortgage is a real action that must be filed where the property lies, not where the plaintiff resides.
When Bank Receivership Does Not Stop Prescription on Mortgage Foreclosure
A bank's receivership does not automatically suspend the prescriptive period for foreclosing a mortgage, the Supreme Court ruled.
Perfected Sale vs Mortgage: When a Seller's Breach Doesn't Void a Sale
Philippine Supreme Court ruling on when a seller's breach doesn't void a perfected sale, distinguishing sale from mortgage.