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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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 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.
Usury Under Scrutiny: How the Supreme Court Uncovers Hidden Interest in Loan Agreements
In First Metro Investment Corp. v. Este del Sol, the Supreme Court exposed underwriting and consultancy fees as cloaks for usurious interest in a 1978 loan.
Pactum Commissorium: Why Automatic Property Grab in Loan Agreements Is Illegal in the Philippines
Philippine law bans pactum commissorium—automatic property forfeiture in loans. Learn the rule, the Marino v. Salcedo case, and your rights.
Equitable Reduction of Excessive Interests: Balancing Contractual Obligations and Fairness in Loan Agreements
Philippine Supreme Court ruling on reducing excessive interest rates in loan agreements, balancing contractual freedom with equity and fairness.
Promissory Notes vs Loan Agreements: Legitimacy in Philippine Investment Transactions
Philippine Supreme Court clarifies when loan documents are legitimate investments, using a disbarment case to explain forgery, consent, and moral character.
Decoding Loan Agreements: How Ambiguity Can Invalidate Penalty Clauses in the Philippines
Philippine Supreme Court ruling on how ambiguous penalty clauses in loan agreements, especially contracts of adhesion, are construed against the drafting bank.