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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Res Judicata by Conclusiveness of Judgment Bars Relitigation of Equitable Mortgage
Final ruling that deeds of sale were equitable mortgages binds parties in later foreclosure case, explains the Supreme Court.
Writ of Possession After Foreclosure: A Ministerial Duty, Not a Discretionary Act
The Supreme Court affirms that issuing a writ of possession after extrajudicial foreclosure is ministerial once the buyer consolidates ownership, regardless of collateral challenges.
Writ of Possession Is Ministerial Duty Even If Mortgage Validity Is Challenged
Supreme Court rules writ of possession is a ministerial duty after foreclosure consolidation, regardless of challenges to mortgage validity or lender authority.
Writ of Possession in Foreclosure: When a Third Party's Claim Fails
Explains when a third party can block a writ of possession after foreclosure, and why a mere waiver of rights does not transfer ownership.
When Banks Can Refuse Payment: B.P. 22 and Bank Closure in Cu v. SB Corp.
Supreme Court ruling on B.P. 22 liability when a bank is closed by the Monetary Board and placed under PDIC receivership.
Bank Closure Suspends Obligations: Impact on B.P. 22 Cases
When a bank is closed by the Monetary Board, obligations are suspended. This ruling explains why B.P. 22 charges may fail.
When Business Closure Is Valid: Employer Prerogative vs. Employee Security
The Supreme Court explains when a company may validly close operations and terminate employees, and how workers can challenge the closure.
Mortgage Foreclosure Upholding Contractual Notice AND Loan Coverage Requirements
Supreme Court ruling on forged SPA in mortgage foreclosure, requiring lenders to verify authority and giving borrowers protection.
Filing an Annulment Case Does Not Stop the Redemption Period in Foreclosure Sales
Philippine Supreme Court clarifies that filing an annulment case does not toll the one-year redemption period in extrajudicial foreclosure sales.
When a Statement of Account Is Not Enough: Proving Deficiency Claims After Foreclosure
The Supreme Court clarifies what a creditor must prove to collect a deficiency after foreclosure—and why a bare statement of account falls short.
SALN Non-Disclosure: Intent Matters in Administrative Penalties for Public Officials
The Supreme Court clarifies that mere SALN omissions do not automatically mean dishonesty—intent to deceive must be shown.
When Can the Military Publicly Disclose Disbarment Proceedings? The Roque Case
The Supreme Court clarifies when public disclosure of disbarment proceedings violates the confidentiality rule, balancing free speech with lawyer protections.
Procedural Due Process in Termination: Proper Notice When a Business Closes
The Supreme Court rules that paying salaries cannot replace the one-month written notice required before business closure terminates employees.
Duty of Disclosure in Insurance Contracts: Insurers Must Prove Concealment
Philippine Supreme Court clarifies that insurers bear the burden of proving concealment or misrepresentation by convincing evidence before rescinding policies.
When Can Arbitration Statements Be Withheld? The Confidentiality Rule Explained
The Supreme Court clarifies when arbitration testimony and witness statements are confidential and protected from disclosure in other proceedings.
Joinder of Transferee in Pending Foreclosure Case: Cameron Granville v. Chua
When a bank sells a foreclosed debt, can the buyer join the pending case? The Supreme Court clarifies joinder and substitution rules.
Priority of Interest Payments in Foreclosure: When Debt Settlement Falls Short
Learn how the Supreme Court applies Article 1253 in foreclosure cases—payments first cover interest and penalties before principal.
Solidary Liability in Real Estate Contracts: Understanding Co-Sellers' Obligations
When do co-sellers remain liable after foreclosure? The Supreme Court clarifies deficiency obligations, payment application, and solidary liability.
Possession Disputes When Foreclosure Sales Meet Adverse Claims
When can a third-party possessor block a writ of possession after foreclosure? The Supreme Court clarifies the rules in Hernandez v. Ocampo.
Amending Pleadings: When Courts Should Grant Leave to File Amended Complaints
Explore when Philippine courts should allow amended pleadings, based on a Supreme Court ruling on a bank foreclosure case.
Unconscionable Penalties: Reassessing Loan Obligations in Philippine Law
The Supreme Court clarifies when courts may reduce penalty charges and attorney's fees in deficiency claims after foreclosure.
Deficiency Claims After Foreclosure: Banks' Rights and Limits on Penalties
Philippine Supreme Court clarifies that banks may collect deficiency after extrajudicial foreclosure, but courts can reduce excessive penalty charges.
Ejectment Actions Proving Unlawful Detainer After Contract Termination
Understand when a complaint for damages after foreclosure is a personal action, not a collateral attack on title, under Philippine law.
Demand Is Key: Prescription in Unlawful Detainer and Mortgage Foreclosure Contexts
When does the one-year period to file unlawful detainer start? The Supreme Court clarifies the rule on demand and prescription.