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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Equitable Mortgage vs. Pacto de Retro Sale: When a "Sale" Is Really a Loan
Philippine law presumes certain "sales with right to repurchase" are equitable mortgages, protecting borrowers from unfair lending arrangements.
Behest Loans and Criminal Liability: When a Bank Officer's Recommendation Is Not a Crime
Supreme Court clarifies that a PNB officer's flawed loan recommendation is not automatically a crime under the Anti-Graft law absent authority to bind the bank.
Loan Interest Rates CAN Banks Unilaterally Increase Them
When Banks Cannot Unilaterally Raise Interest Rates: The Florendo Rule
The Supreme Court ruled that banks cannot unilaterally raise loan interest rates without a valid Central Bank issuance, upholding mutuality of contracts.
Continuing Security in Mortgages: When Future Loans Are Covered
Philippine Supreme Court explains when real estate mortgages secure future loans beyond stated amounts, and the limits of injunctions against foreclosure.
Usury Law Interest Rates: When Courts Can Intervene in Stipulated Loan Interest
Philippine Supreme Court ruling on when courts can reduce stipulated interest rates on loans under the Usury Law and CB Circular 905.
Chattel Mortgage Coverage of Future Loans: The Acme Shoe Ruling
Philippine Supreme Court explains when a chattel mortgage can cover future loans and why full payment extinguishes the security.
Mutuality of Contracts: Why Banks Cannot Unilaterally Change Interest Rates
Philippine Supreme Court ruling explains why banks cannot unilaterally raise loan interest rates without borrower consent, citing mutuality of contracts.
Investment or Loan? Understanding Estafa and Fiduciary Duty in the Philippines
The Supreme Court clarifies when a failed investment becomes estafa under the Revised Penal Code, and why fiduciary duty matters.
Unilateral Interest Rate Hikes When Banks Overstep Their Bounds
Philippine Supreme Court ruling on when banks cannot unilaterally raise loan interest rates, and the limits of escalation clauses.