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 433456 of 1,337 articles for bank

Redemption of Foreclosed Property: Full Payment Required, Good Intent Not Enough

Philippine Supreme Court clarifies that redeeming a foreclosed property requires full payment of the redemption price within the one-year period, not just partial payments or good intentions.

Understanding Documentary Stamp Tax on Trust Agreements: Insights from a Landmark Philippine Case

A Philippine Supreme Court ruling clarifies when documentary stamp tax applies to trust agreements and the evidence needed for tax refund claims.

Assignment of Credit vs. Assumption of Liability: Clarifying a Bank's Role in Property Development

When a bank buys a developer's receivables, does it inherit the developer's obligations to buyers? The Supreme Court clarifies the distinction.

Writ of Possession for Subsequent Purchasers After Foreclosure: Key Rules

Learn when a subsequent buyer of foreclosed property can obtain a writ of possession and the procedural requirements under Philippine law.

Theft vs. Estafa: When Employee Misappropriation Is Not Estafa (Benabaye Doctrine)

The Supreme Court in Benabaye v. People clarifies when an employee's misappropriation of funds is theft, not estafa, based on possession.

Redemption Rights Clarifying Repurchase Price After Foreclosure Of Public Land

Supreme Court clarifies the repurchase price for foreclosed free patent land under Section 119 of the Public Land Act.

Indigency and Access to Courts: Balancing Constitutional Rights with Procedural Rules

The Supreme Court clarifies when counsel's negligence binds clients and why procedural rules on appeals remain jurisdictional.

Strict Rules on Foreclosure Notice Publication: What Philippine Mortgagors Should Know

Philippine Supreme Court ruling on strict compliance with foreclosure notice publication requirements and consequences of defective notices.

Foreclosure Sales Strict Compliance With Publication Requirements

Philippine Supreme Court rules that failure to strictly comply with publication requirements in extrajudicial foreclosure sales invalidates the sale and makes the notary public liable for damages.

Attorneys Fees THE Right TO Claim After Final Judgment

A lawyer can claim attorney's fees even after final judgment. The Supreme Court explains when and how.

Client Responsibility: The Binding Nature of Counsel Negligence in Philippine Law

When does a lawyer's mistake bind the client? The Supreme Court explains the rule on counsel negligence and the client's duty to monitor cases.

Upholding Forfeiture Jurisdiction Over Ill-Gotten Wealth Hidden Abroad

Philippine courts retain jurisdiction over forfeiture cases involving ill-gotten wealth even when assets are hidden in foreign jurisdictions.

When Paying a Bounced Check Before Charges Are Filed Can Mean Acquittal in BP 22 Cases

The Supreme Court explains when full payment of a dishonored check before the filing of an Information can lead to acquittal from BP 22 charges.

Cashier's Checks and Contractual Disputes: Bank Obligations and Purchaser Rights in Philippine Law

When can a purchaser stop payment on a manager's or cashier's check? The Supreme Court explains in Chiok v. Metrobank.

B.P. 22 Defense: Payment Before Information Filing Can Defeat Dishonored Check Charges

The Supreme Court explains when paying a dishonored check before charges are filed can defeat a B.P. 22 prosecution.

Cashier's Liability in Estafa: Reassessing Juridical Possession in Misappropriation Cases

The Supreme Court clarifies when a corporate officer's possession of entrusted funds constitutes juridical possession for estafa liability.

Prescription in Anti-Graft Cases: When Does the Clock Start Ticking?

The Supreme Court clarifies when the prescriptive period for Anti-Graft Act violations begins, using a behest loan case as the backdrop.

VAT Refund Claims: Strict Deadlines and Proper Documentation Required

Philippine Supreme Court clarifies VAT refund rules: strict 2-year filing deadlines and the necessity of official receipts for zero-rated services.

Forged Signatures and Void Contracts: Protecting Property Rights in the Philippines

When is a deed of sale actually a mortgage? The Supreme Court explains equitable mortgage, forged signatures, and pactum commissorium.

Defective Summons: How Improper Service Can Void an Ejectment Case in the Philippines

Learn how defective summons and improper substituted service can void an ejectment case, based on a Philippine Supreme Court ruling.

Protecting Property Rights: Good Faith Purchasers vs Unregistered Claims

Philippine Supreme Court ruling on good faith purchasers, unregistered claims, and property rights under Article 1544 of the Civil Code.

When Banks Can Rely on Clean Titles: Mortgagee in Good Faith Explained

The Supreme Court explains when a bank that accepts a mortgage on a clean title becomes a mortgagee in good faith, even if the title later proves defective.

Loan vs Donation: Proving Intent in Property Disputes

Philippine Supreme Court clarifies when payments for another's property are loans, not donations, and the formal requirements for valid donations.

Credit Card Suspension: When Banks Must Answer for Negligence and Damages

Philippine Supreme Court ruling on credit card suspension, bank negligence, and cardholder rights to moral and exemplary damages.