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Showing 217–240 of 639 articles for “bank”

Employer Negligence and the Duty of Supervision: Retirement Benefits Case

Supreme Court ruling on when banks can deduct retirement benefits for employee negligence, and the limits of supervisory liability.

Mutuality of Contracts When Banks Unilaterally Impose Interest Rates

Philippine Supreme Court ruling on when banks cannot unilaterally impose interest rates, and the legal interest that applies.

Foreclosure Validity: Banks Can Foreclose Despite Disputed Loan Agreements

Supreme Court ruling on when banks may foreclose despite disputed interest rates, and the legal interest that applies after default.

Burden of Proof in Loan Obligations: Notice of Loss in Chattel Mortgage Agreements

When a mortgaged vehicle is stolen, borrowers must prove they notified the bank. Learn the burden of proof rules from a Supreme Court ruling.

When Property Appraisal Cannot Delay Foreclosure: Sycamore Ventures v. Metrobank

Supreme Court rules mortgaged property appraisal value is not a prejudicial question that can suspend extrajudicial foreclosure proceedings under Act No. 3135.

When Loan Agreements Clash: Mutuality, Rescission, and the Limits of Bank Discretion

A Supreme Court ruling on when a bank's refusal to release loan proceeds amounts to a slight breach, not grounds for rescission.

When Can RTCs Directly Hear Securities Violations? The Pua v. Citibank Rule

The Supreme Court clarifies that civil suits under the Securities Regulation Code belong to RTCs, not the SEC.

Simulated Contracts Ownership Rights and Intent in Property Sales

Philippine Supreme Court ruling on simulated property sales, trust agreements, and ownership rights when intent is to circumvent banking laws.

Prescription Periods in Securities Law: Balancing Investor Protection and Legal Certainty

The Supreme Court clarifies prescription periods for criminal and administrative liability under the Securities Regulation Code in Citibank v. Tanco-Gabaldon.

Bank's Duty of Diligence in Home Loans: Comsavings Bank v. Capistrano

When a bank makes a borrower pre-sign a house completion certificate, it breaches its duty of highest diligence and may be liable for damages.

Tax Treaty Benefits vs. BIR Rules: The Deutsche Bank Ruling on Prior Application

The Supreme Court clarifies that failure to comply with the BIR's prior application rule does not automatically bar tax treaty relief.

When a Trust Receipt Is Really a Loan: Acquittal in Estafa Cases

The Supreme Court acquits a corporate officer of estafa under the Trust Receipts Law, ruling that transactions the bank knew were not for resale are simple loans, not trust receipts.

Monetary Board's Bank Receivership Power Upheld for Public Protection

Supreme Court affirms Monetary Board's power to place banks under receivership without prior hearing, citing the "close now, hear later" doctrine.

Motion for Reconsideration: A Prerequisite Before Certiorari in Labor Disputes

Philippine National Bank v. Arcobillas: a party must file a motion for reconsideration with the NLRC before seeking certiorari from the Court of Appeals.

Outsourcing and Union Rights: Balancing Business Prerogative with Collective Bargaining Agreements

The Supreme Court clarifies when banks may outsource functions without violating union rights or the CBA in BPI Employees Union v. BPI.

Falsification of Commercial Documents: When a Bank Manager Faces Estafa Liability

The Supreme Court clarifies when a bank manager who forges documents and misappropriates funds is liable for the complex crime of estafa through falsification of commercial documents.

Tax Clearance Not Required for Bank Liquidation: Protecting Creditor Rights

Supreme Court rules banks under PDIC liquidation need no BIR tax clearance, protecting creditor preference rights under the Civil Code.

Estoppel and Foreclosure: When a Bank's "Incentive" Is Not a Redemption Extension

The Supreme Court clarifies when a bank's incentive scheme letter extends the redemption period and when estoppel applies.

Piercing the Corporate Veil: When Banks Are Not Liable for Subsidiary Debts

The Supreme Court clarifies when courts may—and may not—pierce the corporate veil to hold parent banks liable for subsidiary debts.

When Banks Can't Be Sued for Subsidiary Debts: Piercing the Corporate Veil in Philippine Banking

Philippine Supreme Court clarifies when banks may be held liable for subsidiary obligations and when the corporate veil protects them.

Gross Receipts Tax and the 20% Final Withholding Tax on Bank Income

The Supreme Court has ruled that the 20% final withholding tax on a bank's passive interest income forms part of its gross receipts for gross receipts tax purposes.

Good Faith and Land Titles: Protecting Innocent Purchasers in Real Estate Disputes

When is a bank a mortgagee in good faith? The Supreme Court clarifies the rules on forged deeds and land titles.

Banks Must Exercise Higher Diligence: Land Bank v. Poblete on Mortgage in Bad Faith

When a bank accepts a mortgage over property it failed to verify, it risks losing protection as a mortgagee in good faith.

Deceit and Syndicated Estafa: Distinguishing Simple Estafa From Large-Scale Swindling

Philippine Supreme Court clarifies when fraud against a bank is simple estafa, not syndicated estafa under PD 1689.