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.
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.
Lawyer Suspended for Dishonoring Obligations and Issuing Bouncing Checks
Supreme Court suspends lawyer for two years for issuing worthless checks and evading debts, violating the Code of Professional Responsibility.
Open Space Preservation: HLURB Authority Over Subdivision Mortgage Disputes
When a developer mortgages a subdivision's designated open space, homeowners can seek annulment before the HLURB, not just the courts.
Land Conversion Disputes and the Finality of Agrarian Reform Decisions
The Supreme Court affirms that final and executory DAR conversion orders may no longer be questioned, especially on issues first raised on appeal.
Overcoming Technicalities: Republic's Right to Recover Ill-Gotten Wealth
Supreme Court rules procedural lapses should not defeat the state's recovery of ill-gotten wealth, reversing Sandiganbayan dismissal.
Can a University Be Bound by Unauthorized Mortgages? Corporate Authority Explained
When can a corporation be bound by an officer's unauthorized acts? The Supreme Court explains in University of Mindanao v. Bangko Sentral ng Pilipinas.
Illegal Dismissal: Computing Separation Pay and Backwages Using Gross Monthly Pay
The Supreme Court clarifies how to compute separation pay and backwages for illegally dismissed employees, using gross monthly pay, inclusive of allowances and benefits.
Mortgages on Land Reform Properties: Balancing Bank Rights and Agrarian Justice
When land reform and bank mortgages collide, who gets the just compensation? The Supreme Court settles the rule.
When an Employer's Right to Discipline Becomes Abuse of Rights: PCIB v. Gomez
The Supreme Court rules on when an employer's disciplinary actions cross the line into abuse of rights, clarifying civil court jurisdiction over damages claims.
Loan Transfers and Corporate Rehabilitation: Clarifying Creditor Rights in Philippine Law
Supreme Court ruling on whether loan sale proceeds deposited with a creditor are covered by a loan transfer during corporate rehabilitation.
Assignment of Mortgage and BSP’s Foreclosure Authority Hinges on Valid Deed
Philippine Supreme Court clarifies when a bank may foreclose a mortgage assigned to it, requiring a valid deed of assignment.
Final Liquidation Court Orders Prevail Over Collection Suits: Solidbank v. CA
A final liquidation court order cannot be overturned by a trial court in a separate collection suit, explains the Supreme Court in Solidbank v. CA.
Limits of a General Power of Attorney Authority to Sell Real Property in the Philippines
Philippine Supreme Court clarifies that a general power of attorney does not authorize an agent to sell real property without a special power of attorney.
Dispositive Portion Prevails When DOJ Resolution Body Conflicts With Fallo
When a DOJ resolution's body conflicts with its dispositive portion, the fallo controls. Learn the rule from Santiago v. Bello IV.
Tenancy vs Ownership: Who Hears Agrarian Disputes?
The Supreme Court clarifies when a case is an agrarian dispute for DARAB and when it belongs in regular courts, using a Bulacan land case.
Voiding Land Sales: The Public Land Act's Five-Year Prohibition and Reversionary Rights
When can a land sale be voided under the Public Land Act? Learn the five-year prohibition rule, reversion, and in pari delicto exceptions.
Breach of Contract: Upholding Banks' Right to Set Off Loans Against Deposits
Supreme Court rules banks may set off deposits against unpaid loans when valid hold-out agreements exist, reversing lower court rulings.
Third Party Beneficiaries and Compromise Agreements: When Excluded Parties Cannot Claim Benefits
Philippine Supreme Court ruling on when compromise agreements benefit only named parties, not excluded third parties under stipulation pour autrui.
Obstructing Justice When Removing Evidence Leads to Criminal Liability
Learn when removing evidence becomes obstruction of justice in the Philippines, based on a Supreme Court ruling on tampering and misconduct.
Joint Account Withdrawal Rights: Limits of Authority Among Co-Depositors
Philippine Supreme Court ruling on joint account, meaning either depositor could transact without the other's signature.
Tax Assessment Waivers and the Statute of Limitations in the Philippines
The Supreme Court explains when waivers of the tax assessment period are invalid, and why prescription still bars the BIR from collecting deficiency taxes.