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Showing 25–48 of 524 articles for “closure”

Bank Liable for Moral Damages Over Mortgage Redemption Insurance Non-Disclosure

When a bank offers mortgage redemption insurance, it must disclose coverage limits. Learn from Land Bank v. Miranda why non-disclosure can lead to damages.

Forged Signatures and Conjugal Property: Protecting Your Rights in Real Estate Mortgages

A foreclosure case dismissed for lack of jurisdiction teaches homeowners how to challenge defective mortgages and protect conjugal property.

Foreclosure Jurisdiction: Assessed Value of Property Determines the Proper Court

In foreclosure suits, the property's assessed value—not the loan amount—determines which court has jurisdiction. Learn from a recent Supreme Court ruling.

SALN Disclosure: Defining the Scope of Assets and the Limits of Prosecutorial Discretion

A look at Bariata v. Ombudsman, which clarifies what must be declared in a SALN and when the Ombudsman's dismissal of charges stands.

Writ of Possession: Ministerial Duty vs Third-Party Adverse Claims in Foreclosure Sales

The Supreme Court clarifies when a writ of possession is ministerial and when third-party adverse claims can stop it.

Condominium Foreclosure Special Authority Imperative FOR Extrajudicial Sales

Philippine Supreme Court clarifies that condominium corporations need special authority to extrajudicially foreclose units for unpaid dues.

Agricultural Tenancy Bars Foreclosure Writ of Possession: Land Bank v. Basilan

The Supreme Court rules that agricultural tenancy is a valid third-party claim that suspends a writ of possession over foreclosed land.

Agrarian Reform vs Bank Foreclosure: Protecting Farmer Beneficiaries' Land Rights

Supreme Court voids bank foreclosure of an emancipation patent awarded under agrarian reform, reinforcing the 10-year transfer ban.

When Agrarian Reform Lands Cannot Be Foreclosed: The 10-Year Rule

A Supreme Court ruling on why a rural bank's foreclosure of an agrarian reform beneficiary's land within the 10-year retention period was void.

Lifting of Mining Closure Orders Revives Writ of Kalikasan Petitions

Supreme Court rules that lifting DENR closure orders revives environmental claims, keeping Writ of Kalikasan petitions alive.

Foreclosure Rights Understanding Redemption Periods AND Legal Remedies IN Mortgage Disputes

Philippine Supreme Court clarifies when Act No. 3135 applies in mortgage foreclosures and why borrowers must act within the redemption period.

Writ of Possession: Ministerial Duty vs Equitable Claims in Foreclosure

The Supreme Court clarifies when a writ of possession is ministerial in foreclosure cases and when equitable claims may delay it.

Mutuality of Contracts and Foreclosure Rights in Philippine Loans

Philippine Supreme Court clarifies that void interest stipulations do not invalidate foreclosure when the principal debt remains unpaid.

Due Process in Foreclosure: Banks Must Personally Notify Mortgagors

The Supreme Court now requires banks to personally notify mortgagors before extrajudicial foreclosure, reversing decades of precedent under Act No. 3135.

Unilateral Interest Rate Hikes When Banks Overstep Their Bounds In Loan Agreements

Philippine Supreme Court rules on void unilateral interest rate hikes by banks, mutuality of contracts, and foreclosure validity.

Writs of Possession in Extrajudicial Foreclosures: What Borrowers Should Know

Learn when courts must issue writs of possession after extrajudicial foreclosure, the limited exceptions, and the proper remedies for borrowers.

Calculating Redemption Price in Extrajudicial Foreclosures: BPI v. LCL Capital Explained

Learn how Philippine courts compute redemption prices in bank foreclosures under the General Banking Law, based on the Supreme Court's ruling in BPI v. LCL Capital.

Protecting Homebuyers: Supreme Court on Foreclosure and Third-Party Rights

The Supreme Court rules that condominium buyers in actual possession may be excluded from writs of possession after foreclosure, protecting them from summary eviction.

Navigating Disability Benefits for Seafarers: Material Concealment and Work-Related Illnesses

The Supreme Court clarifies when a seafarer's non-disclosure of a medical condition bars disability claims, and when a heart ailment is compensable under the POEA-SEC.

Estoppel in Mortgage Foreclosures: Protecting Borrowers From Unfair Actions

Philippine Supreme Court ruling on co-owner rights in recovery of possession, clarifying when partition is not required before filing ejectment actions.

When Foreclosure Is Valid Despite Pending Labor Case: HSBC v. Galang

The Supreme Court clarifies when a lender may foreclose despite a pending illegal dismissal case, applying debtor-creditor rules.

Understanding Loan Agreements and Foreclosure: Key Lessons from a Philippine Supreme Court Ruling

A Supreme Court ruling clarifies when banks may foreclose and how courts interpret loan agreements, credit lines, and restructuring contracts in the Philippines.

Extinctive Novation: When a New Loan Cancels an Old Debt and Invalidates Foreclosure

Philippine Supreme Court ruling explains how extinctive novation cancels old debts and why foreclosing on extinguished obligations is premature and void.

Understanding the Statute of Limitations in Public Officials' Financial Disclosure Violations

The Supreme Court clarifies when prescription runs for SALN violations under RA 6713 and RA 3019, and what constitutes concealment.