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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Perfecting Mortgage Registration: Entry Book Notice Prevails Despite Fee Delay
Supreme Court clarifies that entry in the Register of Deeds' primary entry book constitutes registration, even if fees are paid the next day.
Equitable Mortgage Protecting Borrowers From Unfair Sale Agreements
Bank Liability and Misplaced Trust: Who Pays When Loan Payments Go Astray
When a bank forecloses on property later found to be fraudulently mortgaged, who bears the loss? This case explains the legal protection for innocent mortgagees.
Mortgage in Good Faith: How Banks Are Protected From Fraudulent Land Titles in the Philippines
Philippine Supreme Court ruling on how banks that accept mortgages in good faith are protected from forged or fraudulent land titles.
Tax Sale Trumps Mortgage Foreclosure When Property Title Shifts Due to Tax Delinquency
Supreme Court rules that a tax delinquency sale can render a mortgage foreclosure petition moot and academic when title has already transferred.
Mortgaged Chattels: Valid Seizure and Foreclosure Compliance in Philippine Law
Philippine Supreme Court clarifies rules on chattel mortgage seizure, foreclosure, and the limits of appellate review in Samala v. Court of Appeals.
Distinguishing Between Sale AND Equitable Mortgage Intent Prevails Over Form
Protecting Subdivision Lot Buyers: The Need for HLURB Approval in Mortgage Agreements
A Supreme Court ruling explains why a developer's mortgage over subdivision lots is void without HLURB approval, and what this means for lot buyers and banks.
GSIS Bad Faith When Foreclosure Exclusions Require Property Return
When a mortgagee forecloses more than owed, courts may order reconveyance. This case explains bad faith and prescription rules.
Equitable Mortgage vs Absolute Sale: Protecting Borrowers in Five-Six Lending
When is a deed of sale actually a mortgage? The Supreme Court protects borrowers in five-six lending schemes.
When a Deed of Sale Is Really an Equitable Mortgage: Cruz v. Cruz
The Supreme Court explains when a purported deed of sale is actually an equitable mortgage, protecting borrowers from losing property for a fraction of its value.
Loan Agreements and Real Estate Mortgages: The Necessity of Actual Fund Transfer
A loan is perfected only upon actual delivery of funds. Checks that are never cashed do not complete a loan or its mortgage.
Forum Shopping and Foreclosure: Navigating Jurisdictional Boundaries in Mortgage Disputes
When properties in different provinces are foreclosed, filing separate suits to stop each sale is not forum shopping. The Supreme Court explains why.
Unregistered Mortgage vs Notice of Lis Pendens: Priority Rights in Foreclosure
Philippine Supreme Court ruling on priority between unregistered mortgages and notices of lis pendens in property foreclosure disputes.
Substantial Compliance When Overly Strict Rules Give Way to Justice in Labor Disputes
The Supreme Court reminds litigants that procedural rules yield to substantial justice, as shown in a case on equitable mortgage and res judicata.
Equitable Mortgages Have No Redemption Right in Judicial Foreclosure for Private Mortgagees
In a judicial foreclosure of an equitable mortgage by a private lender, the mortgagor has no right of redemption after confirmation of sale.
Real vs Personal Actions: Mortgage Release Suits and Court Jurisdiction
When is a suit to release a mortgage a real or personal action? The Supreme Court clarifies jurisdiction rules in FEBTC v. Plaza.
Sale and Leaseback as Disguised Loan: When Financial Leasing Is an Equitable Mortgage
Philippine Supreme Court clarifies when a sale and leaseback is a disguised loan secured by chattel mortgage, not a true financial lease.
Compromise Agreements Upholding Obligations AND Equitable Relief IN Property Disputes
Philippine Supreme Court ruling on sale-leaseback arrangements, equitable mortgages, and deed of assignment effects on debtor obligations.
When a Sale-Leaseback Is Really a Loan: Cebu Contractors Consortium v. Court of Appeals
The Supreme Court ruled that a sale-leaseback arrangement was actually an equitable mortgage, not a true financing lease, and ordered the contract reformed.
Forum Shopping and Due Process in Mortgage Foreclosure: Avoiding Multiple Suits
Philippine Supreme Court ruling on forum shopping, due process, and the risks of filing multiple injunction suits in mortgage foreclosure cases.
Intervention Denied: Maritime Liens, Forum Shopping in Ship Mortgage Disputes
Supreme Court clarifies when mortgagees may intervene in crew wage claims and warns against forum shopping in vessel foreclosure cases.
Mortgage Validity and Protecting Property Rights Against Unauthorized Encumbrances
When a lease expires and a new agreement supersedes it, the original terms—including a right of first refusal—may no longer bind the parties or the buyer.
Deficiency Judgments: Can Creditors Recover Unpaid Balances After Foreclosing Chattel Mortgages?
Explaining when Philippine creditors may sue for a deficiency judgment after foreclosing a chattel mortgage, and the legal limits on recovery.