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 505528 of 1,356 articles for bank

Estate Inventory Disputes: Probate Courts' Provisional Powers on Inclusion of Properties

Explaining the Supreme Court ruling on probate courts' authority to provisionally determine ownership for estate inventory inclusion.

Breach of Fiduciary Duty Banks Must Uphold Transparency in Trust Accounts

Philippine Supreme Court ruling on Land Bank v. Oñate clarifies banks' fiduciary duties, transparency obligations, and liability for undocumented trust account withdrawals.

Breach of Contract and Banks' Liability: Understanding Hold Out Clauses in Deposit Agreements

When can a bank freeze a depositor's account? The Supreme Court explains the limits of "hold out" clauses in deposit agreements.

Constructive Dismissal Demotion and Unfulfilled Reinstatement Undermine Labor Rights

SC rules on constructive dismissal via demotion, reinstatement impossibility, and early retirement requiring explicit employee consent.

Breach of Contract vs Loan Obligations: Independent Liabilities in Philippine Law

Philippine Supreme Court clarifies that a debtor's separate contract breach does not extinguish loan obligations to a creditor.

Writ of Possession After Foreclosure: When the Surplus Must Be Returned

Philippine Bank of Communications v. Yeung clarifies when a writ of possession issues after foreclosure and how sale surpluses are handled.

Maceda Law Protecting Installment Buyers From Improper Contract Cancellations

Learn how the Maceda Law protects installment buyers from improper contract cancellations and what the Supreme Court said about buyer rights.

Foreclosure Validity: Banks Can Foreclose Despite Disputed Loan Agreements

Supreme Court ruling on when banks may foreclose despite disputed interest rates, and the legal interest that applies after default.

Burden of Proof in Loan Obligations: Notice of Loss in Chattel Mortgage Agreements

When a mortgaged vehicle is stolen, borrowers must prove they notified the bank. Learn the burden of proof rules from a Supreme Court ruling.

Incidental Fraud Damages FOR Exclusion From Corporate Management

Explaining the Supreme Court's ruling in Tankeh v. DBP on incidental fraud, damages, and exclusion from corporate management.

Judge Dismissed and Suspended From Law Practice for Gross Immorality in Extramarital Affair

Supreme Court dismisses a judge and suspends him from law practice for gross immorality arising from an extramarital affair and child born outside marriage.

Tenant Rights Under Scrutiny: Consent and Proof in Agricultural Land Disputes

The Supreme Court clarifies that occupation and cultivation alone do not create a tenancy relationship, requiring proof of landowner consent and harvest sharing.

Cultivation vs Tenancy: Consent and Harvest Sharing in Agricultural Land Redemption

Philippine Supreme Court clarifies that mere cultivation does not create tenancy; landowner consent and harvest sharing must be proven for redemption rights.

When Checks Prove a Loan: The Supreme Court Ruling on Evidence of Indebtedness

The Supreme Court clarifies when checks alone establish a loan obligation and shift the burden of proof to the debtor under Philippine law.

Simulated Contracts Ownership Rights and Intent in Property Sales

Philippine Supreme Court ruling on simulated property sales, trust agreements, and ownership rights when intent is to circumvent banking laws.

Tax Treaty Benefits vs. BIR Rules: The Deutsche Bank Ruling on Prior Application

The Supreme Court clarifies that failure to comply with the BIR's prior application rule does not automatically bar tax treaty relief.

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.

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.

Local Union Disaffiliation Rights and Check-Off Dues Under Philippine Law

Philippine Supreme Court clarifies when a local union may disaffiliate from its mother federation and what happens to check-off dues.

Regulated vs. Prohibited Goods: The Limits of Agency Discretion in Customs Seizures

Philippine Supreme Court ruling on when customs authorities may hold seized goods and the distinction between regulated and prohibited imports.

Monetary Board's Bank Receivership Power Upheld for Public Protection

Supreme Court affirms Monetary Board's power to place banks under receivership without prior hearing, citing the "close now, hear later" doctrine.

Breach of Insurance Contract: The Impact of Unapproved Property Relocation

When insured property moves without insurer consent, coverage may cease. Learn from Malayan Insurance v. PAP Co. on relocation risks.

Sheriffs Must Execute Writs Promptly and File Periodic Returns: DBP v. Famero

The Supreme Court clarifies a sheriff's duty to execute writs with dispatch and file Section 14, Rule 39 periodic returns, imposing a fine for neglect.

Simulated Sales: When Intent to Transfer Ownership Is Absent

Philippine Supreme Court explains when a deed of sale is absolutely simulated and void, using Formaran v. Ong as a guide.