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Showing 25–48 of 55 articles for “loan agreement”

Waiver of Demand and Interest Rate Limits in Philippine Loan Agreements

The Supreme Court clarifies when demand is unnecessary before default and why courts reduce excessive stipulated interest rates.

Public Space vs Private Gain: When Loan Agreements Undermine Public Land Rights

Supreme Court rules loans secured by public plaza are void; public dominion property cannot be collateralized for commercial ventures.

Subrogation Rights Protecting Banks in Loan Agreement Reversals

When a bank pays another party's debt, legal subrogation may let it recover. Learn how the Supreme Court applied this rule.

Trust Receipts vs Loan Agreements: When Misuse of Funds Is Not Estafa

The Supreme Court clarifies when a trust receipt arrangement is actually a simple loan, and why criminal liability for estafa does not follow.

Contractual Obligations: Interpreting Intent and the Parol Evidence Rule in Loan Agreements

When a loan agreement's terms are clear, courts enforce the written word—not verbal promises. The Supreme Court explains why in Norton Resources v. All Asia Bank.

Interest Rate Disputes Contractual Agreements VS Legal Modifications IN Philippine LAW

Philippine Supreme Court rules on contractual interest rates, legal modifications, and judicial intervention in private loan agreements.

Mutuality of Contracts: The Limits of Unilateral Interest Rate Adjustments in Loan Agreements

Philippine Supreme Court ruling on when banks cannot unilaterally raise loan interest rates without borrower consent, citing mutuality of contracts.

Decoding Philippine Procurement When Loan Agreements Trump Local Law in Public Bidding

When can a foreign loan agreement override Philippine procurement law? The Supreme Court explains in Abaya v. Ebdane.

Bank Set-Off Rights: Limits and Liabilities in Loan Agreements

Philippine Supreme Court ruling on when banks may validly offset deposits against loans, and the limits of contractual set-off rights.

Equitable Mortgage Prevails Protecting Borrowers From Disguised Loan Agreements

Usury Law and Contractual Obligations: Striking the Balance in Loan Agreements

The Supreme Court clarifies how the Usury Law interacts with loan restructuring, refinancing, and the binding force of contracts in DBP v. CA.

Loan Agreements and Chattel Mortgages: When Can a Signed Contract Be Challenged

A signed loan document isn't always binding. Learn when Philippine courts allow borrowers to challenge promissory notes and chattel mortgages.

Oral Loan Agreements in the Philippines: When a Verbal Promise Is Legally Binding

Oral loan agreements can be enforceable in the Philippines. Learn the rules, evidence needed, and key Supreme Court ruling on verbal contracts.

Surety vs Guarantor: Understanding Liability in Loan Agreements Under Philippine Law

Philippine Supreme Court clarifies the key difference between a surety and a guarantor, and why a surety cannot invoke defenses meant for the principal debtor.

Contractual Intent Prevails Interpreting Interest Rates in Loan Agreements Under Philippine Law

Philippine Supreme Court rules on how courts interpret interest rates in loan agreements, emphasizing that clear contractual terms prevail over alleged intent.

Loan Agreements and Legal Interest: Written Requirements and Civil Liability After Acquittal

Explaining Eusebio-Calderon v. People: why oral interest agreements are void, when acquittal still leaves civil liability, and the legal interest rules.

Unilateral Interest Rate Hikes: Mutuality of Contracts Prevails in Loan Agreements

Philippine Supreme Court rules banks cannot unilaterally raise interest rates without borrower consent, citing mutuality of contracts principle.

Loan Agreements: The Bank's Obligation to Release Funds and Consequences of Non-Compliance

When can a bank withhold loan proceeds? Philippine National Bank v. RBL Enterprises clarifies the rules on loan release, conditions precedent, and damages.

Unconscionable Interest Rates When Loan Agreements Become Exploitative

When do monthly interest rates become illegal? The Supreme Court explains the limits of lender freedom in Cuaton v. Salud.

Loan Agreement Validity: Actual Receipt of Proceeds as a Prerequisite

Philippine Supreme Court ruling: executing a promissory note is not enough—actual receipt of loan proceeds is essential for liability.

Loan Agreements and Real Estate Mortgages: The Necessity of Actual Fund Transfer

A loan is perfected only upon actual delivery of funds. Checks that are never cashed do not complete a loan or its mortgage.

Liability Beyond Corporate Veil: Solidary Obligations in Loan Agreements

When officers sign loan documents personally, they become solidarily liable with the corporation. Learn the rules from this Philippine Supreme Court case.

Checks as Guarantee in Loan Agreements: No Estafa Without Deceit

Supreme Court clarifies that postdated checks as loan guarantees do not constitute estafa absent proof of fraud or deceit.

Usury Law Suspension, Freedom to Contract, and Unconscionable Interest Rates in Loan Agreements

Philippine Supreme Court ruling on whether courts can reduce interest rates agreed upon by parties after the Usury Law suspension.