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.

Showing 217240 of 1,301 articles for bank

Consent in Contracts: Supreme Court Voids Mortgage for Lack of Genuine Agreement

Supreme Court voids mortgage where a bank misled an elderly woman into signing a loan document she believed was a mere guarantee.

PDIC Deposit Insurance Denials: Court of Appeals Holds Exclusive Certiorari Jurisdiction

Supreme Court clarifies that PDIC deposit insurance claim denials must be challenged via certiorari before the Court of Appeals, not the RTC.

When a Transfer Is Not Constructive Dismissal: Management Prerogative in Labor Cases

The Supreme Court clarifies when an employee transfer is a valid exercise of management prerogative and not constructive dismissal.

Constructive Dismissal and Management Prerogative: When a Transfer Is Not Illegal Dismissal

The Supreme Court clarifies when an employee transfer amounts to constructive dismissal, balancing management prerogative against tenurial security.

Falsification vs Estafa: Identifying the True Crime in Fraudulent Schemes

The Supreme Court clarifies when falsification of a private document, not estafa, is the proper charge in fraud cases.

Disbarment for Disrespect: Upholding Judicial Authority and Ethical Conduct in the Legal Profession

The Supreme Court disbarred a lawyer for repeated abuse of court processes, dilatory tactics, and disrespect toward a Court of Appeals justice.

Local Fiscal Autonomy vs National Film Development: The Operative Fact Doctrine in Tax Cases

The Supreme Court balances local fiscal autonomy and national film development in the FDCP amusement tax case, applying the operative fact doctrine.

Prolonged Preliminary Investigation and Speedy Disposition: What the Supreme Court Said

A dismissed criminal case for failure to prosecute raises the question: when does delay violate the right to speedy disposition of cases?

Dismissal for Failure to Prosecute: Balancing Litigant Diligence and Court Responsibility

The Supreme Court clarifies when dismissal for failure to prosecute is proper, emphasizing courts should decide cases on their merits.

Compromise Agreements Bind Courts: Enforcing Terms as Written

Philippine Supreme Court ruling on compromise agreements, judicial authority, and remedies for breach in Bernardo v. Union Bank.

Corporate Ratification: When a Corporation Becomes Bound by Unauthorized Acts

A corporation's repeated payments can ratify an officer's unauthorized acts, binding the company to obligations it never expressly approved.

Forged Signatures and Bank Liability: Upholding Due Diligence in Loan Transactions

When a bank honors a forged check, it bears the loss. The Supreme Court explains why in PNB v. Giron-Roque.

B.P. 22 and the Corporate Veil: When Corporate Officers Face Personal Liability

The Supreme Court pierces the corporate veil in B.P. 22 cases, holding officers personally liable for bouncing checks—but only with proper notice of dishonor.

Writ of Possession After Foreclosure: Third-Party Claims in Philippine Mortgage Sales

Philippine Supreme Court ruling on writ of possession in mortgage foreclosures, explaining when third-party adverse claims can block eviction.

Due Process and Employee Dismissal: Balancing Just Cause With Procedural Rights

The Supreme Court clarifies that dismissal without just cause is illegal even if procedural notice was given, entitling the employee to backwages and separation pay.

Illegal Dismissal: Probable Cause Alone Does Not Justify Termination

Supreme Court clarifies that probable cause for qualified theft does not automatically justify an employee's dismissal; substantial evidence is required.

Due Process and Employee Dismissal: Balancing Rights and Employer Authority in the Philippines

The Supreme Court clarifies the twin-notice rule in dismissals and when a flawed procedure still yields a valid termination.

Holding Company vs Financial Intermediary: Local Business Tax on Dividends

Supreme Court clarifies that holding companies receiving dividends are not non-bank financial intermediaries subject to local business tax under the Local Government Code.

Emergency vs Employment: Gauging Just Cause for Dismissal in the Philippines

When can an employee be validly dismissed? The Supreme Court explains the elements of just cause and why a single emergency absence was not enough.

Guarantee vs Suretyship: How Waiving Excussion Changes Liability

The Supreme Court clarifies when a "guarantee" becomes a suretyship, and why a rehabilitation stay order does not protect a surety.

Notice Requirements for SPV Asset Transfers: Protecting Borrowers' Rights

The Supreme Court clarifies notice requirements for SPV asset transfers under RA 9182, balancing borrower protection with valid assignments.

Finality of Judgment and Why Attempts to Circumvent Liquidation Proceedings Fail

The Supreme Court clarifies that final judgments cannot be attacked through procedural technicalities, ensuring that liquidation proceedings move forward.

When Can a Landlord Claim Unpaid Rent: Lessons from Booklight v. Tiu

Learn when landlords can claim unpaid rent and why tenants must present evidence at pre-trial, based on a Philippine Supreme Court ruling.

When a Lawyer’s Dealings Warrant Suspension: Sanidad v. Aguas

The Supreme Court suspends a lawyer for one year for dishonest dealings in a property sale, applying Rule 1.01 of the CPR.