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 59 articles for debtors

Novation, Verification, and Real Party in Interest: Lessons from S.C. Megaworld v. Parada

Explaining when accepting third-party payments does not release the original debtor, and why procedural objections must be raised early.

Quitclaims and Labor Rights: Can Waivers Extinguish Employer Liability?

When can a quitclaim bar an employee's labor claims? The Supreme Court explains solidary liability and valid waivers in Vigilla v. PCCr.

Novation Nullified: Why Payment Agreements Don't Automatically Erase Original Loan Obligations

Philippine Supreme Court clarifies when a new payment agreement novates an old loan—and when it doesn't, in Heirs of Franco v. Gonzales.

Bouncing Checks and Civil Liability: Why You Can't Sue Separately for a BP 22 Violation in the Philippines

Learn why a bounced check can lead to estafa prosecution, not just BP 22, and what this means for your civil remedies.

Levy on Mortgaged Property in the Philippines: Sheriff's Duties Explained

Philippine Supreme Court clarifies that sheriffs may levy mortgaged properties to satisfy judgments, as debtors retain beneficial ownership until foreclosure.

Partial Summary Judgments: Why They Are Not Immediately Executable

A partial summary judgment is interlocutory, not final. It cannot be executed while the main case is pending, explains Philippine Business Bank v. Chua.

Off-Line International Carriers Taxed at 32% on Philippine Income, SC Rules

SC clarifies off-line carriers selling tickets in PH pay 32% income tax, not 2.5% GPB rate; refund claim remanded.

Unjust Refusal of Payment: When Creditors Must Accept Loan Proceeds

Explaining when a creditor's unjust refusal to accept payment has legal consequences, and why tender and consignation still matter under Philippine law.

Default and Foreclosure: When Accepting Late Payments Waives the Right to Foreclose

A lender who accepts late and partial payments after a borrower's default may waive the right to foreclose. Learn the rule from this Philippine case.

Solidary vs Joint Obligations: When Liability Is Not Presumed in Philippine Law

Philippine Supreme Court clarifies that solidary obligations are not presumed; joint debtors are liable only for their proportionate shares.

Novation Must Be Clear: Restructuring Agreements Do Not Automatically Extinguish Prior Obligations

Philippine Supreme Court ruling on when debt restructuring novates an obligation and when it merely modifies the original agreement.

Debt Recovery Execution: Waiver of Demand and Proving Overlevy

Learn when a sheriff's failure to demand payment is excused and how to prove overlevy in execution sales under Rule 39.

Joint vs Solidary Obligations: What the Supreme Court Says About Liability in Contracts

A Supreme Court ruling clarifies when multiple debtors are only jointly liable, not solidarily liable, under Philippine contract law.

Debt Recovery Gone Wrong Understanding Abuse of Rights in Property Repossession Uypitching vs Quiamco

Explore abuse of rights in debt recovery and property repossession through the Supreme Court ruling in Uypitching vs Quiamco.

Demand NOT Always Needed When Philippine Banks CAN Foreclose Without Prior Notice

Philippine Supreme Court clarifies when banks may foreclose without prior demand, and limits on preliminary injunctions against foreclosure.

Compromise Agreements: Who Is Actually Bound by a Settlement?

A compromise agreement binds only its signatories. Learn how the Supreme Court protected a co-maker not named in the settlement.

When Debts Collide: Understanding Legal Compensation in Philippine Contract Law

Learn how Philippine courts apply legal compensation in contract disputes, using the Mavest v. Sampaguita case as a guide.

CBA Scholarship Benefits Resolving Ambiguities IN Favor OF Labor

Security agency loses bid to exempt receivables from garnishment; Court applies labor-friendly rule on execution exemptions.

Execution Pending Appeal: The Imperative of Good Reasons in Philippine Civil Procedure

Philippine courts grant execution pending appeal only for compelling reasons. Learn the rule, the exceptions, and practical takeaways.

Good Faith Payments and Prior Satisfaction as Grounds for Acquittal in BP 22 Cases

Supreme Court acquits corporate officer in BP 22 case where the dishonored check was fully paid two years before charges were filed.

Partial Payment and Fulfillment of Obligations: Creditor Rights Under B.P. 22

When does partial payment satisfy a debt? The Supreme Court clarifies creditor rights and the Bouncing Checks Law in Alonto v. People.

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.

Sheriffs Overreach Defining THE Limits OF Property Levy IN Philippine LAW

When can a sheriff's levy on execution be considered excessive? The Supreme Court clarifies the limits of property levy in 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.