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 58 articles for standard of care

When Banks Dishonor Checks: The Citibank v. Dinopol Case on Fiduciary Duty and Damages

The Supreme Court ruled that banks must exercise the highest degree of diligence, holding Citibank liable for dishonoring a check over a P58.33 charge.

Sheriffs' Duty of Diligence: Liability for Erroneous Demolition

When a sheriff demolishes the wrong property, the Court holds him administratively liable. Learn the duty of care required.

Gun Store Owners' Negligence Liability for Accidental Shooting Ruled by Supreme Court

Supreme Court holds gun store owner liable for negligence after defective firearm left loaded in unlocked drawer causes fatal accidental shooting.

Stevedores and the Duty of Care: When Cargo Damage Is Not Negligence

Philippine Supreme Court clarifies that stevedores owe ordinary diligence, not the higher standard of common carriers, in loading and stowing cargo.

The Expert Witness Imperative: Proving Medical Negligence in the Philippines

Philippine courts require expert medical testimony to prove negligence in most malpractice cases. Learn the rules and practical steps.

Fictitious Payee Rule and Bank Liability in Check Payments

When is a named payee "fictitious" under Philippine law? The Supreme Court explains who bears the loss when checks are paid without indorsement.

Bank Negligence and Fiduciary Duty in Handling Foreign Currency Deposits

Philippine Supreme Court ruling on bank liability for negligence in handling foreign currency time deposit pretermination and fiduciary duty.

Beyond the Title: Why Philippine Banks Must Investigate Loan Collateral Ownership

Philippine Supreme Court ruling on Omengan v. PNB clarifies banks' duty to investigate collateral ownership beyond the certificate of title.

Railroad Negligence: Defining the Scope of Duty and Liability at Railroad Crossings

Philippine National Railways v. Brunty clarifies railroad crossing safety duties, contributory negligence, and damage awards under Philippine tort law.

Bank Negligence and the Duty of Care in Handling Depositor Accounts

Philippine Supreme Court ruling on banks' fiduciary duty and liability for unauthorized withdrawals from depositor accounts.

Common Carrier Liability: Negligence and Fortuitous Events in Cargo Loss

When cargo is lost at sea, who pays? Philippine law on common carriers, negligence, and the act of God defense explained.

Simple Neglect of Duty: When Withdrawal of an Administrative Complaint Does Not End Liability

The Supreme Court clarifies that withdrawal of an administrative complaint does not erase liability for simple neglect of duty by public officers.

Upholding Attorney Accountability: Neglect of Client Affairs Leads to Suspension

A lawyer's failure to diligently pursue a client's case warrants suspension from practice, as shown in this Philippine disciplinary case.

Lawyers Cannot Claim Ignorance of Basic Procedures to Abandon Client Obligations

Philippine Supreme Court rules a lawyer's claim of ignorance in filing a motion for reconsideration is no excuse for neglecting a client's case.

When Lawyers Fail Clients: Lessons from a Disbarment Case on Negligence

A lawyer's failure to file an appeal brief led to suspension. Learn the ethical duties and consequences of legal negligence in the Philippines.

Banks' Fiduciary Duty to Protect Depositors' Funds: What the Law Requires

Philippine law imposes a strict fiduciary duty on banks to protect depositors' funds. This article explains the legal standards and consequences of breach.

Lost Cargo Liability: Fire Does Not Excuse Common Carrier's Negligence

Philippine Supreme Court rules fire is not an exempting cause under the Civil Code, holding carriers liable for lost cargo.

Defining Common Carriers When A Limited Clientele Doesnt Equal Private Carriage

Philippine Supreme Court clarifies that a shipping firm with a limited clientele can still be a common carrier under the Civil Code.

Mortgage Foreclosure Estoppel Prevents Claimants From Denying Prior Actions

Philippine Supreme Court ruling on how estoppel bars property claimants from questioning a mortgage foreclosure after prior inconsistent acts.

Private vs Common Carriers: Who Bears Liability for Damaged Cargo?

Philippine Supreme Court clarifies when a trucking company is a private carrier and how liability for damaged cargo is determined.

When Is a Customs Broker a Common Carrier? The Transorient Container Case

A customs broker who transports goods as part of its business is a common carrier bound by extraordinary diligence under Philippine law.

Bank Liability in Foreign Exchange Transactions: The Reyes v. Far East Bank Standard

When are banks liable for dishonored foreign exchange drafts? The Supreme Court clarifies the diligence standard in Reyes v. Far East Bank.

Upholding Attorney Accountability A Lawyers Duty TO Clients Despite FEE Disputes

Philippine Supreme Court ruling on lawyer's duty to clients despite fee disputes, jurisdictional rules, and carrier liability for passenger safety.

Breach of Banking Duty: Bank Liable for Mortgage Fraud Due to Negligence in Identifying Impostors

Philippine Supreme Court holds bank liable for mortgage fraud when it failed to verify impostors' identity, applying the last clear chance doctrine.