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 289312 of 794 articles for loan

Prescription in Anti-Graft Cases: When Does the Clock Start Ticking?

The Supreme Court clarifies when the prescriptive period for Anti-Graft Act violations begins, using a behest loan case as the backdrop.

Protecting Property Rights: Good Faith Purchasers vs Unregistered Claims

Philippine Supreme Court ruling on good faith purchasers, unregistered claims, and property rights under Article 1544 of the Civil Code.

Forged Signatures and Void Contracts: Protecting Property Rights in the Philippines

When is a deed of sale actually a mortgage? The Supreme Court explains equitable mortgage, forged signatures, and pactum commissorium.

When Banks Can Rely on Clean Titles: Mortgagee in Good Faith Explained

The Supreme Court explains when a bank that accepts a mortgage on a clean title becomes a mortgagee in good faith, even if the title later proves defective.

Loan vs Donation: Proving Intent in Property Disputes

Philippine Supreme Court clarifies when payments for another's property are loans, not donations, and the formal requirements for valid donations.

Good Faith vs Actual Knowledge: Resolving Land Disputes in the Philippines

Philippine Supreme Court ruling on finality of judgments, petitions for relief, and banks' duty of diligence in land mortgage disputes.

Estafa by Abuse of Confidence: When Failing to Return Money Becomes a Crime

Understand the Supreme Court's ruling on estafa by abuse of confidence and when failure to return entrusted money constitutes a criminal offense.

Written Stipulation Is Key: Enforceability of Loan Interest Agreements in the Philippines

Philippine Supreme Court clarifies when 12% interest applies versus 6% in construction disputes, emphasizing written stipulations.

Consignation Without Tender of Payment: A Cautionary Tale on Judicial Deposits

Philippine Supreme Court clarifies that judicial deposit requires prior tender of payment unless exceptions apply, in Del Carmen v. Sabordo.

Breach of Trust Establishing Conspiracy in Qualified Theft Cases in the Philippines

How a cashier's breach of trust led to 30 counts of qualified theft, and what the Supreme Court ruled on penalties.

Mutuality of Contracts: When Banks Cannot Unilaterally Raise Interest Rates

Philippine Supreme Court ruling on Silos v. PNB explains why unilateral interest rate hikes violate the mutuality principle in loan contracts.

Termination Due to Illness in the Philippines: Balancing Employer Rights and Employee Protection

The Supreme Court clarifies when employers may validly terminate employees due to disease, and the procedural due process required under Philippine labor law.

Falsification of Public Documents: Balancing Expert Testimony and Due Process

A Supreme Court ruling clarifies how NBI expert reports and due process rights interact in falsification preliminary investigations.

Finality of Judgment and the Fresh Period Rule: Timely Appeals in Philippine Civil Procedure

Learn how the Supreme Court applied the fresh period rule and finality of judgment principles in Eserjose v. Allied Banking Corporation.

Restitution After Judgment Modification: Fairness in Executed Judgments

When the Supreme Court reduces damages after properties have been sold at execution, how are parties made whole? The Eserjose case explains restitution rules.

Breach of Public Trust: Official Position Cannot Shield Criminal Acts

Philippine Supreme Court affirms conviction of municipal treasurer for graft and estafa, ruling public office cannot shield criminal acts.

Mortgage in Good Faith: Banks vs Unregistered Land Sales in the Philippines

When does a bank lose protection as a mortgagee in good faith? The Supreme Court clarifies the rule on unregistered land sales.

Continuing Suretyship in the Philippines: Liability for Future Debts Explained

Learn how the Supreme Court upheld a surety's liability for future debts under a Continuing Suretyship, and when courts may reduce attorney's fees.

When an Agent's Mortgage Signed in Own Name Does Not Bind the Principal

A mortgage signed by an agent in a personal capacity, without indicating agency, binds only the agent, not the principal.

Protecting Homebuyers: PD 957 Prevails Over Bank Mortgages in Subdivision Sales

Supreme Court rules banks must honor PD 957 protections for subdivision buyers, even when properties are mortgaged to secure developer loans.

Surety Bonds Survive Debt Extension: Key Supreme Court Ruling on Article 2079

Extension of a principal's debt without a surety's consent does not automatically extinguish surety bonds, per the Supreme Court.

Extrinsic Fraud and Annulment of Judgment: What Litigants Must Know

The Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud, and explains the strict requirements for annulling a final judgment under Rule 47.

Premature Foreclosure: Protecting Mortgagors' Rights Before Default

Philippine Supreme Court rules that foreclosing a mortgage before the debtor defaults on the principal loan is void and ineffectual.

Breach of Fiduciary Duty Banks Must Uphold Transparency in Trust Accounts

Philippine Supreme Court ruling on Land Bank v. Oñate clarifies banks' fiduciary duties, transparency obligations, and liability for undocumented trust account withdrawals.