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 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.
Conditional Sales of Land: Upholding Contractual Obligations in Real Estate Transactions
Philippine Supreme Court ruling on foreclosure, redemption rights, and the consequences of failing to prosecute a case for injunction.
Foreclosure AND Moral Damages Upholding Banks Right TO Possession BUT Requiring Fair Dealing
Danzas v. Daguman: When Retrenchment and Closure Are Used to Disguise Illegal Dismissal
The Supreme Court ruled that an employer claiming retrenchment or closure must prove it with audited financial statements — and that quitclaims signed on false premises do not bind workers.
Dismissal Due to Business Losses: Substantiate Claims With Financial Records
Philippine law requires employers to prove business losses with audited financial statements before dismissing workers for retrenchment or closure.
Foreclosure Validity: Proper Notice and Publication in Extrajudicial Sales
Philippine Supreme Court clarifies posting and publication requirements for valid extrajudicial foreclosure sales under Act No. 3135.
Writ OF Possession Mortgagees Right Prevails Despite Pending Challenges TO Foreclosure
Upholding Public Trust: A Sheriff’s Liability for Unauthorized Foreclosure Sales
A sheriff who conducted foreclosure sales outside court authority was suspended for six months for breaching public trust in the judiciary.
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.
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.
Union Busting Unveiled: Illegal Business Closure and Employee Rights
When can a business closure be illegal union busting? The Supreme Court explains employer liability and worker rights.
Foreclosure Rights VS Damages Dbps Mortgage Lien AND THE Limits OF Injunction
Upholding Banks Right TO Withhold Benefits FOR Employee Misconduct A Case OF DUE Process AND Corporate Ethics
Supreme Court clarifies separation pay rules for business closures, quitclaim validity, and payment by check under Philippine labor law.
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.
Notice Requirements in Foreclosure: When Lack of Specificity Matters
Philippine Supreme Court ruling on when failure to allege lack of publication in foreclosure complaints bars relief for mortgagors.
DUE Process AND Foreclosure Upholding Ministerial Duty IN Writ OF Possession
Writ of Possession Not Barred by Pending Annulment of Foreclosure Case
A pending annulment of foreclosure case does not stop a bank from getting a writ of possession after the redemption period lapses.
When Can a Local Government Close a Business? Due Process Limits on Municipal Power
The Supreme Court clarifies that municipalities may regulate businesses through closure only with due process, even when taxes are unpaid.
Deficiency Judgments in Foreclosure: When a Lender Can Still Collect After the Auction
A Philippine Supreme Court ruling confirms that lenders may recover any shortfall after an extrajudicial foreclosure sale — the debtor remains liable for the unpaid balance.
Redemption vs. Repurchase: Property Rights After Foreclosure in the Philippines
Philippine Supreme Court clarifies the crucial difference between redemption and repurchase of foreclosed property, and why timing matters.
Possession After Foreclosure: Why the Buyer Wins the Writ of Possession
Buyers in extrajudicial foreclosure sales are entitled to possession of the property. The Supreme Court explains why in Samson v. Rivera.
Possession and Due Process: Protecting Third-Party Rights in Foreclosure Proceedings
Supreme Court rules an ex-parte writ of possession cannot eject third-party possessors not in privity with the mortgagor.
Navigating Forum Shopping AND Valid Cause OF Action IN Foreclosure Cases Mondragon Leisure VS Ucpb
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.