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 361384 of 1,325 articles for bank

Specific Denial: How Philippine Courts Determine Liability in Contractual Obligations

The Supreme Court clarifies when a third-party complaint may be denied and how contractual liability for delivering clean title is determined.

Lease Default and Lessor Rights: Reading Contract Clauses Literally

Philippine Supreme Court ruling on lessor rights upon lessee default, contract interpretation, and enforcement of claims against a deceased lessee's estate.

Estafa Acquittal and Civil Liability: Distinguishing Ex Delicto From Ex Contractu

When an estafa acquittal rests on a contract, civil liability ex delicto cannot be awarded; the creditor must file a separate civil action.

Amending Pleadings: When Courts Should Grant Leave to File Amended Complaints

Explore when Philippine courts should allow amended pleadings, based on a Supreme Court ruling on a bank foreclosure case.

Novation Requires Clear Release of Original Debtor: Lessons from Ever Electrical v. PBCOM

When does a new debtor's assumption of a loan release the original borrower? The Supreme Court explains novation rules.

Unconscionable Penalties: Reassessing Loan Obligations in Philippine Law

The Supreme Court clarifies when courts may reduce penalty charges and attorney's fees in deficiency claims after foreclosure.

Appeal Dismissed Understanding Questions OF LAW VS Questions OF Fact IN Summary Judgments

The Supreme Court clarifies the distinction between questions of law and fact in appeals from summary judgments, and the proper remedy.

Loss of Confidence as a Ground for Dismissal: When Employers Cannot Use It as a Subterfuge

The Supreme Court clarifies that loss of confidence cannot be simulated or used as a subterfuge to justify an illegal dismissal.

Loss of Confidence as a Dismissal Ground: When Employers Cannot Claim It

The Supreme Court clarifies that loss of confidence cannot be a simulated or afterthought ground for dismissing a managerial employee.

Banks' Duty of Utmost Diligence: Liability for Forged Manager's Checks

When a bank clears a counterfeit manager's check bearing its own officers' forged signatures, it bears the loss—not the depositor.

Ejectment After Contract to Sell Rescission: Demand to Pay Not Required

Supreme Court clarifies that ejectment suits after a rescinded contract to sell do not require a prior demand to pay, only a demand to vacate.

Ejectment Actions Beyond Lease Agreements: The Contract to Sell Rule in Philippine Law

Philippine Supreme Court clarifies that ejectment cases cover contract to sell violations, not just lease agreements or forcible entry.

Tenant's Right of Redemption: Written Notice and Payment Requirements Under Agrarian Law

Philippine Supreme Court clarifies agricultural lessee's right of redemption, written notice requirements, and tender payment obligations under R.A. 3844.

Reckoning the Two-Year Prescriptive Period for DST Refund Claims: PBCom v. CIR

When does the two-year prescriptive period for a documentary stamp tax refund claim begin for metering machine users? The Supreme Court settles the rule.

Breach of Trust: Upholding Termination for Unauthorized Disclosure and False Certifications in Banking

Philippine Savings Bank v. Barrera clarifies when banks may validly dismiss officers for breach of trust, unauthorized disclosures, and false certifications.

Forged Deeds and Imprescriptible Rights: Protecting Land Ownership in the Philippines

Philippine Supreme Court ruling on forged deeds, land ownership protection, and the limits of prescription in property disputes.

Willful Disobedience as Just Cause for Dismissal: A Cooperative Cashier's Case

Explore when an employee's repeated defiance of board resolutions justifies dismissal under Article 282 of the Labor Code.

BSP Authority to Engage Private Counsel and Jurisdiction in Legal Proceedings

Supreme Court clarifies BSP's power to hire private counsel and RTC jurisdiction over real property cases involving assessed value.

BSP Can Use Private Counsel: Supreme Court Clarifies Jurisdiction and Representation Rules

Supreme Court rules on BSP's authority to engage private counsel and RTC jurisdiction over real property disputes.

Heirs Obligations Settling Debts Before Inheritance Distribution

Philippine Supreme Court ruling on heirs' duty to settle decedent's debts before inheritance distribution, including interest rules.

Surety Liability After Foreclosure: Carodan v. China Banking Corporation

When a bank releases a principal debtor's collateral, a surety may still be liable for the deficiency if the surety agreement expressly allows it.

Surety Agreements: Solidary Liability and Waiver of Rights in Loan Obligations

Philippine Supreme Court ruling on surety liability, accommodation mortgagors, and waiver clauses in loan deficiency claims.

Corporate Rehabilitation Venue and Joint Petitions Under Philippine Law

The Supreme Court clarifies venue rules for corporate rehabilitation and disallows joint petitions by separate corporations under the Interim Rules.

Unilateral Interest Rate Setting in Loan Agreements: Mutuality of Contracts Under Philippine Law

Philippine Supreme Court ruling on unilateral interest rate setting in PNB loan agreements and the mutuality of contracts principle.