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 385408 of 514 articles for loan

Unmasking Equitable Mortgages in the Philippines: A Guide for Property Buyers and Sellers

When is a deed of sale actually a loan? Learn how Philippine courts unmask equitable mortgages and protect property buyers and sellers.

B.P. 22 Liability: Severing Accommodation Deals Does Not Erase Knowledge of Insufficient Funds

Signing blank checks for an accommodation arrangement can create B.P. 22 liability even after severing ties. Learn the rules from Benjamin Lee v. CA.

Perfecting Appeals: The Crucial Difference Between Single and Multiple Judgments in Philippine Law

Learn when a record on appeal is required in Philippine civil procedure, and why missing this step can cost you your appeal.

Usury Law and Loan Obligations: Balancing Lender Rights and Borrower Protection

Philippine Supreme Court ruling on 21% interest validity, 3% monthly surcharge nullity, and borrower obligations under the Usury Law.

Estoppel in Questioning Jurisdiction: Participating in Trial Bars Later Challenges

The Supreme Court rules that a party who actively participates in trial and seeks affirmative relief is estopped from questioning the court's jurisdiction on appeal.

Option to Purchase vs Contract to Sell: Understanding Property Rights and Obligations

The Supreme Court clarifies the distinction between an option to purchase and a contract to sell, and the consequences of failing to comply with their terms.

When Payment Defaults Threaten Property Rights: Understanding Rescission in Real Estate Sales

A buyer's failure to pay the full purchase price can lead to contract rescission, even after years of partial payments. Learn the rules.

Forum Shopping and Appeal Jurisdiction: Traverse Development Corp. v. DBP

When a dismissal order raises only legal questions, appeal lies with the Supreme Court, not the Court of Appeals.

Second Chances Denied: The High Cost of Procedural Missteps in Philippine Litigation

A Supreme Court ruling shows why "honest mistake" rarely justifies a new trial—and why procedural deadlines and rules are strictly enforced.

Reelection Does Not Erase Criminal Liability for Prior Misconduct

Philippine Supreme Court ruling that reelection condones only administrative liability, not criminal charges under the Anti-Graft law.

Mootness Doctrine and Acquittal: When Court Rulings Lose Relevance

Explaining when court rulings become moot and academic, and how acquittal affects pending criminal cases in the Philippines.

Reasonable Doubt Prevails When Circumstantial Evidence Falls Short of Conviction

Philippine Supreme Court clarifies when circumstantial evidence suffices for conviction in estafa cases, examining the limits of proof beyond reasonable doubt.

Estafa Conviction Upheld for Deceit in Mobilization Fund Scheme

Supreme Court affirms estafa conviction for contractor who misrepresented ability to mobilize equipment and misappropriated P600,000 mobilization fund.

Loan Agreements: The Bank's Obligation to Release Funds and Consequences of Non-Compliance

When can a bank withhold loan proceeds? Philippine National Bank v. RBL Enterprises clarifies the rules on loan release, conditions precedent, and damages.

Paying Appellate Docket Fees on Time Is Mandatory for a Valid Appeal

Philippine Supreme Court ruling on why paying appellate docket fees on time is mandatory, and what happens when an appeal is filed without them.

Possession After Foreclosure: Why the Buyer Wins the Writ of Possession

Buyers in extrajudicial foreclosure sales are entitled to possession of the property. The Supreme Court explains why in Samson v. Rivera.

Forged Documents and Ethical Boundaries: Attorney Accountability in Court Submissions

Supreme Court ruling on bank liability, damages, and the ethical duty of lawyers to verify documents before court submission.

When a Bank's Actions Harm a Business: Breach of Contract and Damages

Explore when a bank's actions may constitute breach of contract and grounds for damages, with insights from Philippine law.

Guaranty vs Direct Liability: Who Pays the Debt When Loans Go South

Philippine law distinguishes guaranty from direct liability. Learn who pays when a borrower defaults and what this means for creditors and guarantors.

Setting Bail Judges Must Consider Offenders Finances

Philippine Supreme Court ruling on bail discretion, judicial misconduct, and the duty of judges to resist pressure when setting bail.

15-Day Deadline for Appealing HLURB Decisions to the Office of the President

Learn the strict 15-day appeal period for HLURB decisions to the Office of the President, as clarified by the Supreme Court in Maxima Realty.

Piercing the Corporate Veil: When Can a Parent Company Be Liable for Its Subsidiary's Obligations

Philippine Supreme Court explains the strict requirements for piercing the corporate veil and holding a parent liable for subsidiary obligations.

Foreclosure Publication Requirements: Protecting Property Rights in Rural Bank Loans

Learn how strict publication rules in rural bank foreclosures protect property owners, and why buyers must verify possession before purchasing.

Equitable Mortgage vs Absolute Sale: Protecting Borrowers in Five-Six Lending

When is a deed of sale actually a mortgage? The Supreme Court protects borrowers in five-six lending schemes.