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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Breach of Trust: Upholding Termination for Unauthorized Disclosure and False Certifications in Banking
Philippine Savings Bank v. Barrera clarifies when banks may validly dismiss officers for breach of trust, unauthorized disclosures, and false certifications.
Reinstatement Salaries After Business Closure: Employer Liability Rules
When a company validly closes, can workers still claim reinstatement salaries from a reversed Labor Arbiter ruling? The Supreme Court explains.
Forfeiture vs Foreclosure: Due Process in Ill-Gotten Wealth Cases
The Supreme Court rules that the State, as subrogee-creditor of forfeited assets, cannot sell mortgaged shares without foreclosure proceedings.
Notice Requirement in Business Closure: Protecting Employee Rights
Learn the 30-day notice rule for business closure under Philippine labor law, and what counts as compliance.
Chattel Mortgage Foreclosure: Lender's Duty After Repossession in the Philippines
Learn the lender's obligations after chattel mortgage foreclosure and repossession in the Philippines, including redemption rights and borrower protections.
Surety Liability After Foreclosure: Carodan v. China Banking Corporation
When a bank releases a principal debtor's collateral, a surety may still be liable for the deficiency if the surety agreement expressly allows it.
Assignment of Mortgage and BSP’s Foreclosure Authority Hinges on Valid Deed
Philippine Supreme Court clarifies when a bank may foreclose a mortgage assigned to it, requiring a valid deed of assignment.
Sheriffs Cannot Bill or Collect Extrajudicial Foreclosure Fees—Only the Clerk of Court May
A sheriff who billed a bank P3,000 per extrajudicial foreclosure case was suspended. Only the Clerk of Court may collect these fees.
Writ of Possession: Absolute Right After Ownership Consolidation
Foreclosure buyers gain an absolute right to possession once title consolidates. The Supreme Court explains the limits of appeals and stay orders.
Possession Follows Ownership: Enforcing Writs After Foreclosure
A Supreme Court ruling clarifies that a writ of possession is a ministerial duty once title is consolidated, even against third-party claimants.
Possession Rights After Mortgage Foreclosure: Third Party Claims in the Philippines
When can third parties stop a writ of possession after extrajudicial foreclosure? The Supreme Court clarifies the rules on adverse possession.
Mortgage in Good Faith: Upholding Banks' Due Diligence in Real Estate Transactions
Philippine Supreme Court clarifies when banks qualify as mortgagees in good faith despite defective titles, protecting foreclosures.
Litis Pendentia: When Foreclosure Bars a Later Collection Suit
A mortgage creditor cannot file foreclosure and collection suits for the same debt. The Supreme Court explains litis pendentia and its limits.
Venue in Deficiency Claims: A Personal Action After Foreclosure
The Supreme Court clarifies that an action to recover a mortgage deficiency after extrajudicial foreclosure is a personal action, not a real action.
Mortgage Foreclosure Absence of Special Power to Sell Invalidates Extrajudicial Proceedings
Philippine Supreme Court rules that extrajudicial foreclosure requires a special power to sell inserted in or attached to the mortgage deed, otherwise the proceedings are void.
Preliminary Injunctions, Grave Abuse of Discretion, and Protection of Substantive Rights
When can a court issue a preliminary injunction against a foreclosure purchaser? Learn the rules from a 2015 Supreme Court ruling.
Foreclosure Purchaser's Right to Possession Prevails Over Pending Mortgage Disputes
Supreme Court rules foreclosure sale purchaser may take possession despite pending mortgage annulment case, clarifying Philippine real estate law.
Foreclosure Deficiencies: The Bank's Burden of Proof in Loan Recovery
In Metrobank v. CPR Promotions, the Supreme Court ruled that a bank must prove the exact deficiency amount after foreclosure, or lose its claim.
Redemption Rights and Time Limits: When the Clock Stops Ticking in Foreclosures
Understand when a foreclosure buyer gets possession, how redemption periods work, and why a donation mortis causa needs probate.
Mortgage Foreclosure: Default Admissions Justify Summary Judgment
When a debtor admits default on a secured loan, Philippine courts may grant summary judgment in mortgage foreclosure without full trial.
Transparency in Election Surveys: Balancing Free Speech and Fair Elections
The Supreme Court upheld COMELEC's power to require disclosure of election survey funders, including subscribers, under the Fair Election Act.
Redemption Rights and Bank Foreclosures: What GE Money Bank v. Spouses Dizon Teaches Us
Partial payments during the redemption period do not perfect a mortgagor's right to redeem foreclosed property, unless the bank's conduct clearly induces reliance.
Writ of Possession for Subsequent Purchasers After Foreclosure: Key Rules
Learn when a subsequent buyer of foreclosed property can obtain a writ of possession and the procedural requirements under Philippine law.
Redemption Rights Clarifying Repurchase Price After Foreclosure Of Public Land
Supreme Court clarifies the repurchase price for foreclosed free patent land under Section 119 of the Public Land Act.