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.
Mortgage Foreclosure Estoppel Prevents Claimants From Denying Prior Actions
Philippine Supreme Court ruling on how estoppel bars property claimants from questioning a mortgage foreclosure after prior inconsistent acts.
When Is a Deed of Sale Actually a Mortgage: Lessons from Molina v. Flores
The Supreme Court explains when a deed of absolute sale may be presumed an equitable mortgage under Article 1602 of the Civil Code.
When a Sale Is Not an Equitable Mortgage: Lessons from Molina v. Flores
The Supreme Court explains when a deed of sale is a true sale and not an equitable mortgage, and why courts respect written contracts.
Mortgage Release: Full Payment Trumps Bank's Restructuring Claim
Full payment of a loan obliges a bank to release the mortgage. The Supreme Court clarifies when a bank's restructuring claim fails.
Mortgage Foreclosure After Full Payment Is Void: PNB v. Court of Appeals
A mortgage foreclosure is void if the loan it secures was already paid. Learn the rules from this Philippine Supreme Court case.
Mortgage Validity Upheld Despite Alleged Fraud and Overpayment Claims
When silence on account statements bars later overpayment claims, and how litis pendentia and forum shopping can defeat a borrower's injunction suit.
Indispensable Parties in Mortgage Annulment Cases: Insights from China Banking Corp. v. Oliver
When is a mortgagor indispensable in an annulment of mortgage case? The Supreme Court clarifies in China Banking Corp. v. Oliver.
When Compadre Ties Cant Rewrite A Mortgage Upholding Contractual Agreements IN Foreclosure Cases
Upholding Mortgage Foreclosure Waiver and Estoppel in Property Redemption
A mortgagor who attempts to redeem foreclosed property waives defects in the foreclosure sale and is estopped from later challenging its validity.
Adverse Claims and Good Faith: Protecting Mortgage Interests in Property Transfers
Philippine Supreme Court ruling on how adverse claims and buyer good faith affect mortgage rights in property transfers.
Usury Law and Mortgage Foreclosure: Protecting Borrowers From Excessive Interest
When a loan's hidden interest exceeds the Usury Law's 12% cap, the mortgage securing it may be void, and foreclosure invalid.
Usurious Loans and Mortgage Validity When Interest Exceeds Legal Limits in the Philippines
Philippine Supreme Court ruling on usurious loans: when hidden interest voids a mortgage and what borrowers and lenders should know.
Void Sales and Mortgagee Rights: Protecting Landowners From Fraudulent Transactions
Learn how Philippine courts protect landowners from fraudulent sales and mortgagee rights in property transactions.
Perfecting A Loan Delivery IS KEY To Mortgage Foreclosure
A loan is perfected only upon delivery of money. Foreclosing before that makes the foreclosure premature and exposes the lender to damages.
Equitable Mortgage vs Pacto de Retro: Protecting Borrowers in Land Transactions
When is a deed of sale with right of repurchase actually an equitable mortgage? The Supreme Court explains in Blancia v. Calauor.
Due Diligence in Real Estate Mortgages: A Lender's Responsibility
Philippine Supreme Court ruling on why mortgage lenders must verify borrower identity and property status before approving real estate loans.
Mortgage vs Conditional Sale: Prior Rights Prevail in Property Possession Disputes
When a mortgage and a later conditional sale conflict, the prior registered mortgage rights prevail in possession disputes, as this case shows.
Written Authority is Key: Upholding Property Rights in Corporate Transactions
A Supreme Court ruling clarifies why written consent matters in property deals involving mortgaged assets—and what parties must prove to claim possession.
Jurisdictional Boundaries When Courts Collide in Mortgage Disputes
The Supreme Court clarifies that factual questions in foreclosure cases are beyond its review, and explains the remedy of consignation.
Judicial Ethics and Public Trust: Lessons from a Foreclosure Dispute
A mortgage foreclosure dispute teaches key lessons on judicial ethics, public trust, and why the Supreme Court limits factual review.
Protecting Condominium Buyers: Annulling Mortgage Foreclosure for Undeclared Encumbrances
Learn how the Supreme Court protected a condominium buyer from foreclosure due to undeclared mortgages, and what this means for property buyers.
Protecting Condominium Buyers: Annulling Improperly Foreclosed Mortgages
When a developer mortgages condominium units without required approval, buyers can annul the mortgage and foreclosure. Learn the rules from a Supreme Court case.
PNB Not Liable for MMIC’s Unpaid Debts to Supplier After Foreclosure
Foreclosing creditor not liable to third-party supplier for unpaid debts of borrower; Supreme Court explains ownership and standard mortgage remedies.
Chattel vs Real Property: How Mortgage Classification Affects Foreclosure Rights
Philippine Supreme Court ruling on when machinery is chattel or real property, and why classification determines what a mortgage covers.