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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Liability for Dishonored Checks: Clarifying Banks' Duty of Care and the Impact of Incorrect Marking
The Supreme Court clarifies when banks are liable for dishonoring checks, distinguishing DAIF from DAUD and explaining damages.
Cross-Default Clauses and Preliminary Injunctions: Lessons from Lim v. BPI Agribank
When can a borrower stop a bank from foreclosing? The Supreme Court explains the "right in esse" requirement for injunctions.
Bank Secrecy vs Qualified Theft: Balancing Financial Privacy and Criminal Prosecution
The Supreme Court clarifies when bank deposits remain confidential under R.A. 1405 even in criminal cases, and why evidence must match the charge.
Due Diligence in Mortgage Transactions: Protecting Landowners From Fraudulent Transfers
When a bank accepts a mortgaged property with suspicious title transfers, it cannot claim good faith. Learn from this Supreme Court ruling.
Mortgage Foreclosure: Why a Bank Can Foreclose Despite Loan Transfer Doubts
Supreme Court ruling on when a bank may foreclose mortgaged property even if the borrower questions the assignment of loan receivables.
Docket Fees and Estoppel in Lease Termination: Metrobank v. Perez
Supreme Court clarifies when late payment of docket fees is allowed and when a party is barred from raising jurisdiction.
Banking Negligence: How Shared Responsibility Impacts Liability for Fraudulent Transactions
Philippine Supreme Court ruling on banks' liability for unauthorized transactions and the doctrine of shared responsibility.
Mortgage Foreclosure Rights Prevail When Preliminary Injunction Lacks Legal Basis
Supreme Court nullifies preliminary injunction blocking bank foreclosure, ruling debtors' failure to show clear right constitutes grave abuse of discretion.
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.
Just Compensation and Timely Payment: Landowners' Rights in Eminent Domain
Apo Fruits v. Land Bank clarifies when interest and attorney's fees may be awarded in agrarian expropriation cases and why final judgments cannot be reopened.
Ejectment Actions Ownership Disputes DO NOT Suspend Ejectment Proceedings
Filing an ownership dispute does not suspend an ejectment case. The Supreme Court explains why in Samonte v. Century Savings Bank.
Parol Evidence Rule and Commitment Fees: Norton Resources v. All Asia Bank
When a written contract is clear, courts will not look beyond its four corners. The parol evidence rule explained.
Contractual Obligations: Interpreting Intent and the Parol Evidence Rule in Loan Agreements
When a loan agreement's terms are clear, courts enforce the written word—not verbal promises. The Supreme Court explains why in Norton Resources v. All Asia Bank.
When Courts Can Stop a Foreclosure: Preliminary Injunctions in Mortgage Disputes
The Supreme Court explains when a court may issue a preliminary injunction to stop a bank's extrajudicial foreclosure pending trial.
Republication of Foreclosure Sale Notices: Protecting Third-Party Rights
When a foreclosure sale is postponed, the notice must be republished and reposted. The Supreme Court explains why in Metrobank v. Nikko Sources.
Banking Law: Directors Borrowing and the Necessity of Board Approval
Philippine Supreme Court ruling clarifies when bank directors and officers may borrow from their own bank and why board approval is mandatory.
Privatization vs Pending Disciplinary Actions: Navigating Jurisdiction in Employee Cases
When a government bank turns private, does the CSC lose jurisdiction over pending employee disciplinary appeals? The Supreme Court clarifies.
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.
Forged Signatures and Fraud: Establishing Liability for Estafa Through Falsification
How the Supreme Court affirmed a conviction for estafa through falsification when forged bank encashment slips were used to withdraw another's funds.
Valid Publication in Extrajudicial Foreclosure: Reasserting Creditors' Rights
Philippine National Bank v. Maraya clarifies that publication of notice in extrajudicial foreclosure is mandatory, not excusable by the debtor's knowledge.
Judicial Accountability: Fines for Gross Ignorance of Law and Misconduct in Contempt Proceedings
The Supreme Court fined a retired judge P80,000 for gross ignorance of the law and gross misconduct in contempt proceedings against Land Bank officials.
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.
When May a Court Excuse a Late Pre-Trial Brief? BPI v. Dando
The Supreme Court relaxed a mandatory procedural rule to let a bank pursue its collection suit, showing when courts may excuse a late pre-trial brief.
Substitution of Evidence: Balancing Justice and Procedural Rules in Contract Disputes
When a bank filed a collection suit with an altered surety agreement, the Supreme Court ruled on substituting evidence and amending pleadings.