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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When Approving Loans Doesnt Equal Liability Protecting Officials From Unfair Disallowances
Unconscionable Interest: The Limits of Contractual Freedom in Philippine Loans
Philippine courts can strike down unconscionable interest rates in loan agreements. Learn the rules on excessive interest and how borrowers are protected.
Court Clerk Dismissed for Bypassing Raffle of Judicial Notices and Taking Loans
Supreme Court dismisses court clerk for grave misconduct: bypassing the raffle of judicial notices and borrowing money from newspaper publishers.
Interbank Call Loans and Documentary Stamp Tax: Clarifying Taxable Instruments in the Philippines
Supreme Court clarifies that interbank call loans are not subject to documentary stamp tax under the NIRC.
Behest Loans AND Grave Abuse OF Discretion Safeguarding Public Funds IN Government Transactions
Breach of Contract: Upholding Banks' Right to Set Off Loans Against Deposits
Supreme Court rules banks may set off deposits against unpaid loans when valid hold-out agreements exist, reversing lower court rulings.
Revocation and Renewal: Understanding Surety Obligations in Philippine Banking
When a continuing surety expires or is revoked, a bank cannot hold the surety liable for loans made after that point.
Government Contracts and Procurement: Why Funding Rules and Indispensable Parties Matter
Philippine Supreme Court ruling on local government loans, procurement funding requirements, and the need to implead indispensable parties in taxpayer suits.
Decoding Loan Payments: How Courts Apply Payments to Interest vs Principal in Philippine Law
Philippine Supreme Court clarifies how loan payments are applied to interest before principal, and when chattel mortgages cover future loans.
COA Auditors Barred From Agency Benefits: Nacion v. COA
Supreme Court affirms COA's discipline of auditor who received bonuses, housing, and car loans from audited agency MWSS.
Loan vs Donation: Proving Intent in Property Disputes
Philippine Supreme Court clarifies when payments for another's property are loans, not donations, and the formal requirements for valid donations.
Mutuality of Contracts: Banks Cannot Unilaterally Impose Interest Rate Hikes on Loans
Philippine National Bank v. Manalo clarifies that banks cannot unilaterally raise loan interest rates without borrower consent under Article 1308 of the Civil Code.
Protecting Homebuyers: PD 957 Prevails Over Bank Mortgages in Subdivision Sales
Supreme Court rules banks must honor PD 957 protections for subdivision buyers, even when properties are mortgaged to secure developer loans.
Piercing the Corporate Veil in Loan Agreements: What the Supreme Court Requires
The Supreme Court clarifies when courts may pierce the corporate veil to hold stockholders personally liable for corporate loans.
Bank's Duty of Diligence in Home Loans: Comsavings Bank v. Capistrano
When a bank makes a borrower pre-sign a house completion certificate, it breaches its duty of highest diligence and may be liable for damages.
When a Trust Receipt Is Really a Loan: Acquittal in Estafa Cases
The Supreme Court acquits a corporate officer of estafa under the Trust Receipts Law, ruling that transactions the bank knew were not for resale are simple loans, not trust receipts.
Trust Receipts vs Loans: When Intent Defines the Contract
Supreme Court clarifies when a trust receipt is really a loan, acquitting a corporate officer of estafa under PD 115.
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.
Trust Receipts vs Ordinary Loans: When Debt Restructuring Does Not Erase Criminal Liability
Philippine National Bank v. Soriano clarifies when restructuring a trust receipt loan does not extinguish criminal liability for estafa under PD 115.
CBA Loan Benefits vs Bank Policy: When Management Rules Violate the Agreement
SC rules on when a bank's "no negative data bank" policy for employee loans violates the existing CBA. Learn the limits of management prerogative.
Trust Receipts vs Loans: Distinguishing Obligations in Philippine Law
Philippine Supreme Court clarifies the distinction between trust receipts and loan obligations, and the legal consequences for banks and borrowers.
Ethical Boundaries for Public Officials: Soliciting Loans and Conflict of Interest
Public officials cannot solicit loans from entities they regulate, even if they are cooperative members. The Supreme Court clarifies the rule.
Prescription in Anti-Graft Cases: When the Clock Starts Ticking
The Supreme Court clarifies when the prescriptive period for anti-graft offenses begins, applying the doctrine to behest loans.
Distinguishing Financial Leases From Loans Secured by Chattel Mortgage in the Philippines
Philippine Supreme Court clarifies when a sale-and-leaseback arrangement is actually a loan secured by chattel mortgage, not a true financial lease.