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 265288 of 495 articles for loan

Void Sale of City-Owned Market Stall: Refund of Price Under Article 1412

When a sale is void because the seller lacked authority to sell city property, the buyer may still recover the price paid under Article 1412.

Void Contracts and Recovery: The Good Faith Exception Under Article 1412

When a contract is void for illegality, can an innocent party recover what was paid? Magoyag v. Maruhom explains the good faith exception.

Demand Is Key to Rescission Rights in Philippine Contract Law

Philippine Supreme Court clarifies that demand is essential before rescission or foreclosure rights can be exercised under contract law.

When Cross Collateral Clauses Clash With Verbal Agreements: Understanding Mortgage Obligations

The Supreme Court clarifies that bank branch managers cannot verbally alter mortgage contracts containing cross-collateral or dragnet clauses.

Immediate Execution of Damages: Protecting Corporate Dissenting Stockholders' Rights

Philippine Supreme Court clarifies that awards for exemplary damages and attorney's fees in intra-corporate disputes are not immediately executory pending appeal.

Limits of DARAB Jurisdiction: Certiorari Power and Agrarian Dispute Resolution

Supreme Court clarifies DARAB jurisdiction limits, certiorari power, and the finality of agrarian dispute decisions in just compensation cases.

When Modified Judgments Can Be Appealed: Protecting Litigants' Rights

Learn when a modified Court of Appeals decision is appealable to the Supreme Court and how litigants' rights are protected in civil procedure.

Writ of Possession and Foreclosure: When a Threat to Foreclose Does Not Vitiate Consent

Supreme Court ruling on extrajudicial foreclosure, simulated contracts, and why a threat to enforce a legal claim does not vitiate consent.

Res Judicata and Final Judgments: What Torres v. Medina Means for Litigants

The Supreme Court explains when a final judgment bars a new lawsuit, using a foreclosure dispute to illustrate res judicata's elements and limits.

Jurisdiction by Estoppel: When Active Court Participation Bars a Jurisdictional Challenge

Philippine Supreme Court explains when a party's active participation in a case can bar it from later questioning the court's jurisdiction.

Adverse Claims and Execution Liens: Priority Rules in Philippine Property Law

When an adverse claim is annotated on a title before a levy on execution, the earlier claim prevails. This case explains the priority rule.

Cooperative Members' Deposit Interest Exempt from Final Withholding Tax: DCCCO v. CIR

The Supreme Court ruled that cooperatives need not withhold 20% final tax on members' deposit interest, citing social justice.

Retroactivity of Laws and Vested Rights in Bank Liquidation: PDIC v. Stockholders of Intercity Bank

When can a new law apply to an ongoing bank liquidation? The Supreme Court explains the rule on retroactivity and vested rights.

Untangling Rescission: Prescription Periods in Philippine Property Sales

Philippine Supreme Court clarifies when the four-year prescriptive period for rescission of a sale starts, using the Quirong v. DBP case.

Writ of Possession Denied When Third Party Holds Property Adversely to Mortgagor

Supreme Court clarifies when a bank cannot get a writ of possession after foreclosure—when a third party holds the property under an adverse title.

Unjust Refusal of Payment: When Creditors Must Accept Loan Proceeds

Explaining when a creditor's unjust refusal to accept payment has legal consequences, and why tender and consignation still matter under Philippine law.

Default and Foreclosure: When Accepting Late Payments Waives the Right to Foreclose

A lender who accepts late and partial payments after a borrower's default may waive the right to foreclose. Learn the rule from this Philippine case.

Striking a Balance When Justice Requires Flexibility in Procedural Rules

The Supreme Court explains when courts may relax mandatory procedural rules, using a bank's late pre-trial brief as the case in point.

Novation and Loan Enforceability: When a Verbal Change Makes a Debt Due

Explaining how a verbal agreement to start paying early can novate a loan's conditions, making it due and demandable under Philippine law.

Loss of Redemption Rights: Inheriting Property After Mortgage Foreclosure in the Philippines

When a mortgaged property is foreclosed and not redeemed, heirs lose inheritance rights. The Supreme Court explains why.

Leasehold Improvements: Understanding Reimbursement Rights and Obligations in Philippine Law

Learn how Philippine courts handle leasehold improvement reimbursement rights, obligations, and settlement through compromise agreements.

Breach of Trust vs Estafa: Delineating Fiduciary Duty in Investment Transactions

When does an investment house's failure to return funds become estafa? The Supreme Court clarifies the line between fiduciary duty and mere debtor-creditor relations.

Possession vs Ownership: Writ of Possession and Third-Party Claims in Philippine Foreclosures

A writ of possession is ministerial only against the mortgagor. Third parties with adverse claims must be heard first.

Novation Must Be Clear: Restructuring Agreements Do Not Automatically Extinguish Prior Obligations

Philippine Supreme Court ruling on when debt restructuring novates an obligation and when it merely modifies the original agreement.