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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Perfected Contract of Sale When a Preliminary Agreement Becomes Binding
When does a preliminary agreement become a perfected contract of sale? The Supreme Court explains in this Philippine banking liquidation case.
Breach of Contract and the Limits of Bank Manager Authority: Apparent Authority in Real Estate Transactions
When does a bank branch manager's promise bind the bank? The Supreme Court explains apparent authority in Games and Garments Developers, Inc. v. Allied Banking Corporation.
Local Tax Refund Claims: Timeliness and Jurisdiction Under Section 195 LGC
Strict deadlines and the right court matter in local tax refund claims. China Banking Corp. v. City Treasurer of Manila explains why.
Revocation and Renewal: Understanding Surety Obligations in Philippine Banking
When a continuing surety expires or is revoked, a bank cannot hold the surety liable for loans made after that point.
Upholding Real Estate Mortgage Validity Forgery Claims AND DUE Diligence IN Banking Transactions
Finality of Judgment and the Fresh Period Rule: Timely Appeals in Philippine Civil Procedure
Learn how the Supreme Court applied the fresh period rule and finality of judgment principles in Eserjose v. Allied Banking Corporation.
Simulated Contracts Ownership Rights and Intent in Property Sales
Philippine Supreme Court ruling on simulated property sales, trust agreements, and ownership rights when intent is to circumvent banking laws.
When Banks Can't Be Sued for Subsidiary Debts: Piercing the Corporate Veil in Philippine Banking
Philippine Supreme Court clarifies when banks may be held liable for subsidiary obligations and when the corporate veil protects them.
Liquidation vs Length of Service: Defining Retirement Benefits in Philippine Banking
Supreme Court ruling on whether bank liquidation periods count in computing retirement benefits for Philippine bank employees.
Breach of Banking Duty, Gross Negligence, and Loss of Confidence as Grounds for Dismissal
The Supreme Court rules that a bank officer's gross negligence in failing to secure documents justifies dismissal for loss of confidence.
Banking Negligence: How Shared Responsibility Impacts Liability for Fraudulent Transactions
Philippine Supreme Court ruling on banks' liability for unauthorized transactions and the doctrine of shared responsibility.
Banking Law: Directors Borrowing and the Necessity of Board Approval
Philippine Supreme Court ruling clarifies when bank directors and officers may borrow from their own bank and why board approval is mandatory.
Final Judgments and Set-Off Claims: Manila Banking Corp. v. Rabina
Supreme Court ruling on final judgments, set-off claims, and HLURB jurisdiction over subdivision mortgage disputes.
When Attached Property May Be Sold Before Judgment: China Banking Corp. v. Asian Construction
The Supreme Court clarifies when attached properties may be sold before final judgment under Rule 57, Section 11 of the Rules of Court.
Certiorari Cannot Substitute for a Lost Appeal: Lessons from Negros Merchants v. China Banking
When can a denied motion to dismiss be challenged by certiorari? The Supreme Court clarifies the rule on interlocutory orders and forum shopping.
Amendment of Pleadings: When Leave of Court Is Required
Learn when Philippine courts require leave of court for amended pleadings, based on the Supreme Court ruling in Maranan v. Manila Banking Corporation.
Unendorsed Checks and Bank Liability: Depositor Rights in the Philippines
Philippine Supreme Court ruling on unendorsed checks, bank set-off rights, and depositor protection in banking disputes.
MCIT Grace Period for Reopened Banks: The Manila Banking Corporation Ruling
Supreme Court clarifies when a bank that reopens after receivership starts its four-year MCIT grace period under the Tax Code.
Banking Insolvency: When the Central Bank Can Close an Insolvent Bank
The Supreme Court upholds the Central Bank's power to close insolvent banks, explaining the legal meaning of insolvency and the limits of judicial review.
Substantial Compliance and Ratification in Corporate Litigation: China Banking Corp v. Mondragon
SC rules on substantial compliance with forum shopping certification and ratification of signatory authority in corporate litigation.
Breach of Trust in Banking: Upholding Employee Dismissal for Fraudulent Acts
Supreme Court affirms dismissal of bank employees for fraud, ruling that bank laxity does not excuse employee misconduct and breach of trust.
Parol Evidence Rule Bars Verbal Conditions on Written Contracts: Allied Banking v. Cheng Yong
Supreme Court clarifies that clear written contracts cannot be varied by verbal stipulations, applying the parol evidence rule to loan and mortgage agreements.
Interest on Foreign Equity Investments in Closed Banks: The Pacific Banking Case
Explaining when interest accrues on foreign equity investments in a closed Philippine bank, and the rules on liquidating dividends.
Breach of Trust in Banking: Proving Employee Misconduct for Valid Dismissal
Philippine Supreme Court ruling on loss of trust and confidence as a valid ground for dismissing managerial employees.