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 55 articles for unconscionable

Credit Card Obligations Without Signed Agreements: When Interest Rates Bind

Supreme Court rules on credit card debt when no signed agreement exists, and when interest charges may be unenforceable.

Res Judicata and Forum Shopping in Foreclosure Disputes: Villanueva v. Court of Appeals

The Supreme Court explains how res judicata and forum shopping bar repeated challenges to loan interest rates and foreclosure proceedings.

Forged Deeds and Disputed Titles: How Philippine Courts Determine Land Ownership

A Supreme Court ruling explains how courts resolve land ownership disputes when a deed of sale is alleged to be forged.

Implied Trusts in Philippine Mortgages: Protecting the True Lender

When a mortgage names one person but another funds the loan, Philippine courts may impose an implied trust to protect the true lender.

Continuing Suretyship Scope and Enforceability in Loan Renewals

Philippine Supreme Court ruling on whether a continuing suretyship covers renewed credit facilities and subsequent loan availments.

Seafarers' Rights: Employer Liability for Illness Manifesting During Employment Despite Post-Contract Death

Philippine Supreme Court ruling on seafarer death benefits when illness manifests during employment but death occurs after contract term.

Voluntary Retirement vs Illegal Dismissal: Employee Rights in Downsizing

When does a retirement package become a forced exit? The Supreme Court clarifies the thin line between voluntary retirement and illegal dismissal.

Equitable Reduction of Liquidated Damages in Construction Delays: Balancing Contractual Obligations and Fairne

Philippine Supreme Court explains when courts may reduce liquidated damages in construction delay cases, balancing contract terms with equity.

Abuse of Rights Under Article 19: When Business Decisions Are Protected

The Supreme Court clarifies when business decisions like audits and non-renewal of contracts are protected, not abuse of rights.

Unconscionable Interest Rates: Protecting Borrowers From Excessive Loan Costs

The Supreme Court affirms that monthly interest rates of 5% to 7% are unconscionable and may be reduced to 12% per annum.

Bouncing Checks and Iniquitous Interest: When a Civil Case Cannot Stop a Criminal Prosecution

Learn when a dispute over unconscionable interest rates can—and cannot—suspend criminal prosecutions for bouncing checks under BP 22.

Moral Turpitude and Attorney Discipline: Upholding Ethical Standards in Personal Conduct

A lawyer's illicit affair and failure to support his child led to a six-month suspension, reaffirming that personal morality matters in the legal profession.

Employee Dishonesty and Breach of Trust: When Is Dismissal Justified

Explore when Philippine courts uphold dismissal for employee dishonesty and breach of trust, and the due process requirements employers must satisfy.

Land as Attorney’s Fees: Enforcing Written Contracts for Legal Services in the Philippines

Philippine courts uphold written attorney’s fee contracts, even those paid in land, provided the essential elements of a valid contract are present.

Is 24% Interest Legal in the Philippines? Bacolor v. Banco Filipino Explained

The Supreme Court in Bacolor v. Banco Filipino ruled that a 24% annual interest rate agreed upon in writing is not usurious or unconscionable.

Exclusivity Clauses in Philippine Contracts: When Are They Valid?

Exclusivity clauses are not automatically invalid restraints of trade in the Philippines. They are enforceable when reasonable and tied to legitimate business interests.

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.

Consignation and the Debtor's Right to Withdraw: Lessons from Banco Filipino v. Diaz

When can a debtor withdraw a consignated deposit? The Supreme Court explains the rules under Article 1260 of the Civil Code.

Unconscionable Interest Rates When Courts Intervene in Surety Bond Disputes

Philippine courts can reduce stipulated interest rates that balloon beyond the principal debt. Learn the rule from a 2006 surety bond case.

Equitable Mortgage vs Pacto de Retro Sale: Philippine Real Estate Security Rules

Philippine Supreme Court clarifies when a deed of sale with right to repurchase is actually an equitable mortgage, protecting borrowers from losing property.

Probationary Employment in Academia: Ateneo's Right to Set Standards for Faculty Retention

Explaining the Supreme Court ruling that universities may set their own standards for probationary faculty retention, and how the Manual of Regulations for Private Schools applies.

Equitable Reduction of Penalties When Courts Can Adjust Contractual Damages in the Philippines

Philippine courts can reduce contractual penalties and liquidated damages when they are unconscionable or when the obligation was partly performed.

Unmasking Equitable Mortgages in the Philippines: A Guide for Property Buyers and Sellers

When is a deed of sale actually a loan? Learn how Philippine courts unmask equitable mortgages and protect property buyers and sellers.

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.