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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Pactum Commissorium: Why Automatic Property Grab in Loan Agreements Is Illegal in the Philippines
Philippine law bans pactum commissorium—automatic property forfeiture in loans. Learn the rule, the Marino v. Salcedo case, and your rights.
Equitable Reduction of Excessive Interests: Balancing Contractual Obligations and Fairness in Loan Agreements
Philippine Supreme Court ruling on reducing excessive interest rates in loan agreements, balancing contractual freedom with equity and fairness.
Promissory Notes vs Loan Agreements: Legitimacy in Philippine Investment Transactions
Philippine Supreme Court clarifies when loan documents are legitimate investments, using a disbarment case to explain forgery, consent, and moral character.
Loan Restructuring and Surety Release: Key Protections for Guarantors in Philippine Law
Philippine Supreme Court ruling on when loan restructuring releases a surety from liability, and what guarantors must know about their rights.
Deed of Sale or Loan Understanding: Equitable Mortgage in Philippine Property Law
When is a deed of sale really an equitable mortgage? The Supreme Court clarifies the rules on when courts will presume a loan arrangement.
Unmasking Trust Receipts When a Loan Is Not What It Seems in Philippine Law
When is a trust receipt really just a loan? The Supreme Court clarifies in Colinares v. Court of Appeals.
Loan or Trust: Resolving Estafa Charges in Investment Disputes
When does a failed investment become estafa? The Supreme Court clarifies the line between a simple loan and a criminal trust agreement.
Attorney Suspended Six Months for Deceitful Loan Practices with Client
A lawyer who facilitated a fraudulent loan for his clients was suspended for six months. Learn the ethical rules and lessons from this Philippine Supreme Court case.
When a Bouncing Check Isn't Estafa: Checks as Loan Security in the Philippines
Philippine Supreme Court ruling on when postdated checks given as loan security, not payment, cannot result in estafa conviction.
Prescription of Behest Loan Cases: When Does the Clock Start for Graft Charges?
Supreme Court ruling on when prescription begins for behest loan graft cases under RA 3019, and why the discovery rule matters.
Prescription Periods for Behest Loans: When Does the Clock Start Ticking?
When does prescription begin for behest loan offenses? The Supreme Court clarifies the discovery rule under Act No. 3326.
Prescription of Behest Loan Cases: When Does the Clock Start for Anti-Graft Charges?
The Supreme Court clarifies when prescription begins for behest loan cases under RA 3019, emphasizing discovery over commission.
Protecting Your Loan Understanding Good Faith Mortgagees In Philippine Property Law
A Philippine Supreme Court ruling explains when a mortgagee is protected as a good faith lender, even if the mortgagor's title is later challenged.
Equitable Mortgage vs. Pacto de Retro Sale: When a "Sale" Is Really a Loan
Philippine courts look beyond contract labels. Learn how Articles 1602 and 1603 protect borrowers from disguised loans and unfair foreclosure.
Legal Interest Rates in the Philippines: When Does 6% vs 12% Apply
Philippine Supreme Court clarifies when 6% or 12% legal interest applies—loans and forbearance versus other obligations. Learn the rules.
Decoding Loan Agreements: How Ambiguity Can Invalidate Penalty Clauses in the Philippines
Philippine Supreme Court ruling on how ambiguous penalty clauses in loan agreements, especially contracts of adhesion, are construed against the drafting bank.
Avoiding Pactum Commissorium: Protecting Borrowers in Philippine Loan Agreements
Learn how the Supreme Court protects borrowers from pactum commissorium—automatic property appropriation in loan agreements—under Philippine law.
Equitable Mortgage in Philippine Real Estate: Protecting Your Property Rights
When is a deed of sale actually an equitable mortgage? Learn how Philippine courts protect property owners from disguised loan transactions.
Philippine Legal Interest on Loans: When Does 12% Apply? Villanueva v. CA Explained
Learn when 12% legal interest applies to unpaid loans in the Philippines, based on the Supreme Court's ruling in Villanueva v. Court of Appeals.
Don't Get Trapped by Your Signature: How Estoppel Affects Home Construction Loans in the Philippines
A homeowner signed loan release documents, then tried to disown them. The Supreme Court applied estoppel—here's what that means for borrowers.
Protecting Loan Security: How Mortgagees Can Secure Insurance Claims in the Philippines
Learn how mortgagees can secure insurance proceeds under Philippine law, based on the Supreme Court's ruling in Rizal Commercial Banking Corp. v. Goyu & Sons.
Surety vs Guarantor: Co-Maker Liability in Philippine Loans Explained
Philippine Supreme Court clarifies the difference between a surety and a guarantor in co-maker loan agreements, and when a creditor may sue one alone.
Defaulting on a Loan: Consequences and Legal Recourse in the Philippines
Learn the legal consequences of loan default in the Philippines, including penalties, attorney's fees, and your rights under the law.
Mortgage Contracts and Future Advances: Understanding the Scope of Security in Philippine Law
When does a real estate mortgage cover future loans beyond the stated amount? The Supreme Court explains in Quintanilla v. RCBC.