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 2548 of 265 articles for banks

Bank Liable for Moral Damages Over Mortgage Redemption Insurance Non-Disclosure

When a bank offers mortgage redemption insurance, it must disclose coverage limits. Learn from Land Bank v. Miranda why non-disclosure can lead to damages.

Bank Negligence in the Philippines: The BDO v. Seastres Case on Extraordinary Diligence

When banks fail to exercise extraordinary diligence, they can be held fully liable for unauthorized withdrawals, as the Supreme Court ruled in BDO v. Seastres.

Upholding Mutuality in Loan Agreements: Scrutinizing Interest Rate Adjustments

The Supreme Court clarifies when a bank's interest rate adjustments in loan agreements are valid, reaffirming the principle of mutuality of contracts.

Sandiganbayan's Exclusive Appellate Jurisdiction Over Civil Forfeiture Cases

The Supreme Court clarifies that appeals from RTC decisions in civil forfeiture cases under RA 1379 must go to the Sandiganbayan, not the Court of Appeals.

Mortgage in Good Faith vs True Owner: Navigating Philippine Property Law

Explore the Supreme Court's ruling on mortgagee in good faith versus true owner rights in Philippine property disputes.

Good Faith and Land Titles: A Purchaser's Duty Until Registration

Philippine Supreme Court clarifies when a land buyer's good faith is measured—from purchase until registration of the deed.

Money Laundering Prosecution Can Proceed Independently of Unlawful Activity Requires Proof Beyond Reasonable D

Philippine Supreme Court clarifies that money laundering cases may proceed independently of predicate crimes, but the unlawful activity's elements must still be proven.

Bank Negligence and Fiduciary Duty: PNBS Responsibility to Depositors

When banks fail depositors, liability follows. This case clarifies the fiduciary duty and negligence standards for Philippine banks.

Accretion and Forcible Entry: Why Prior Physical Possession Beats Title

In forcible entry cases over accreted land, the Supreme Court rules that prior physical possession, not mere ownership of adjacent titled property, is decisive.

Certiorari as a Remedy: Exhausting Administrative Remedies in Banking Disputes

Learn when certiorari is proper in banking disputes and why exhausting administrative remedies remains a key requirement before court action.

When Holding Two Positions Is Not Grave Misconduct: Espinas v. Ombudsman

Explaining the Supreme Court's ruling that holding concurrent public and private bank positions, without corrupt intent, is not automatically grave misconduct.

Agricultural Tenancy Bars Foreclosure Writ of Possession: Land Bank v. Basilan

The Supreme Court rules that agricultural tenancy is a valid third-party claim that suspends a writ of possession over foreclosed land.

Agrarian Reform vs Bank Foreclosure: Protecting Farmer Beneficiaries' Land Rights

Supreme Court voids bank foreclosure of an emancipation patent awarded under agrarian reform, reinforcing the 10-year transfer ban.

Liability for Forged Checks When Collecting Banks Bear the Loss

Philippine Supreme Court ruling on collecting bank liability for forged endorsements, negligence standards, and the fictitious payee rule.

Mutuality of Contracts and Foreclosure Rights in Philippine Loans

Philippine Supreme Court clarifies that void interest stipulations do not invalidate foreclosure when the principal debt remains unpaid.

Income Tax vs. Stock Transaction Tax: Tax Exemptions in the Philippines

The Supreme Court clarifies that stock transaction tax is a percentage tax, not income tax, limiting exemptions under the NIRC.

Loan Agreements and Dacion en Pago: Key Insights from a Landmark Philippine Supreme Court Ruling

The Supreme Court clarifies when a loan settlement agreement becomes a dacion en pago and what it means for borrowers and banks.

DOSRI Violations in Philippine Banking: Lessons from Apolinario v. People

The Supreme Court's ruling in Apolinario v. People clarifies DOSRI rules, insider lending limits, and director liability in Philippine banking.

Unilateral Interest Rate Hikes When Banks Overstep Their Bounds In Loan Agreements

Philippine Supreme Court rules on void unilateral interest rate hikes by banks, mutuality of contracts, and foreclosure validity.

Calculating Redemption Price in Extrajudicial Foreclosures: BPI v. LCL Capital Explained

Learn how Philippine courts compute redemption prices in bank foreclosures under the General Banking Law, based on the Supreme Court's ruling in BPI v. LCL Capital.

Capital Reduction Rules in the Philippines: What Shareholders Should Know After Metroplex v. Sinophil

The Supreme Court clarifies the requirements for reducing corporate capital stock under Section 38 of the Corporation Code, and limits SEC review.

Simulated Loan Contracts and Surety Liability: Lessons from ATCI v. Asset Pool A

A Supreme Court ruling on simulated loan contracts shows when a surety agreement falls with the void principal obligation.

Unveiling Simulated Contracts When Loans Mask True Intentions in Philippine Law

Philippine Supreme Court clarifies when credit line agreements are simulated contracts, and how courts uncover the true intent behind loan documents.

Extinctive Novation: When a New Loan Cancels an Old Debt and Invalidates Foreclosure

Philippine Supreme Court ruling explains how extinctive novation cancels old debts and why foreclosing on extinguished obligations is premature and void.