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 484 articles for loan

Extrajudicial Foreclosure in the Philippines: Why a Special Power of Attorney Is Required

The Supreme Court ruled that a general foreclosure clause is not enough—mortgagees need express authority to sell property extrajudicially.

Behest Loans in the Philippines: Understanding Anti-Graft Law and Due Diligence

Learn how Philippine courts define behest loans, the role of RA 3019, and why loan repayment does not erase potential graft liability.

Acquittal Due to Lack of Proof: Examining the Elements of Estafa and Theft in Philippine Law

A look at how Philippine courts distinguish estafa from theft, and why the prosecution must prove every element beyond reasonable doubt.

Foreclosure Publication Rule: Why Missing the Notice Voids the Sale

Failure to publish a foreclosure notice under Act No. 3135 is a jurisdictional defect that invalidates the sale, as Baclig v. Rural Bank of Cabugao shows.

Government Contracts: When Is a Deal Manifestly Disadvantageous?

The Supreme Court clarifies when a government contract is "manifestly and grossly disadvantageous" under Section 3(g) of the Anti-Graft Law.

Choice of Law Clauses in Cross-Border Contracts: The Standard Chartered Ruling

How Philippine courts resolve conflicting choice-of-law clauses in cross-border contracts, explained through the Standard Chartered Bank v. Philippine Investment Two ruling.

Notarizing Without a Commission: Supreme Court Discipline for Lawyers

Learn the disciplinary consequences for Philippine lawyers who notarize documents without a valid commission, based on a recent Supreme Court ruling.

Retroactivity of Tax Rulings Clarifying Documentary Stamp Tax on Intercompany Advances

Supreme Court clarifies when tax rulings apply retroactively, affecting documentary stamp tax on intercompany advances and refund claims.

Defective Summons Voids Trustee Appointment: Key Lessons from Diversified Plastic Film v. PI-One

Defective summons can void court proceedings. Learn the jurisdictional limits and SPV Act requirements from this Supreme Court ruling.

Agrarian Reform Land Transfer Ban: What Beneficiaries and Buyers Must Know

Supreme Court clarifies the 10-year ban on selling agrarian reform lands, the void sale rule, and the buyer's right to recover payment.

Interest on Just Compensation in Philippine Expropriation: The Tamparong Rule

The Supreme Court clarifies the legal interest rates on unpaid just compensation in expropriation cases, protecting landowners' property rights.

Expropriation and Just Compensation: Understanding Legal Interest in Philippine Law

The Supreme Court clarifies the legal interest rates landowners can claim when the government delays payment of just compensation in expropriation cases.

GSIS Loan Penalties: When Are They Unconscionable?

The Supreme Court ruled that compounded GSIS loan penalties can be unconscionable and subject to reduction. Learn the rules.

Conjugal Property vs Separate Insurance: When a Spouse's Death Does Not Pay Off the Mortgage

A Supreme Court ruling clarifies when a mortgage redemption insurance payout applies after a spouse's death, and how conjugal property is determined.

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.

Just Compensation in Agrarian Reform: When Courts Can Depart from DAR Formulas

Explains the Supreme Court ruling on just compensation in agrarian reform, when courts may deviate from DAR valuation formulas, and why evidence matters.

Inter-Company Loans and VAT: When Interest Income Is Not Taxable

Philippine Supreme Court ruling clarifies when interest on inter-company loans is exempt from VAT and how prescription periods apply.

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.

Financial Support and VAWC: Defining the Boundaries of Criminal Liability

The Supreme Court clarifies that mere failure to provide financial support is not enough for criminal liability under RA 9262.

Final CIAC Awards Binding on COA: Supreme Court Limits Audit Body's Review Power

Supreme Court ruling in Sunway Builders v. COA confirms COA cannot modify final CIAC arbitration awards, limiting its role to execution and payment.

Psychological Incapacity: Proving Marital Nullity Through Totality of Evidence

The Supreme Court clarifies how totality of evidence, including expert testimony, can establish psychological incapacity under Article 36 of the Family Code.

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers From Unfair Loan Agreements

When is a "sale with right to repurchase" really a loan? The Supreme Court explains equitable mortgage and pactum commissorium.

Trust Receipts and Estafa: Why a Payment Agreement Does Not Erase Criminal Liability

The Supreme Court ruled that a new payment schedule cannot erase criminal liability for trust receipt violations, which are malum prohibitum.

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.