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 577600 of 1,367 articles for bank

When a Motion to Dismiss Fails: Bad Faith and Trust Claims Must Go to Trial

The Supreme Court clarifies that allegations of bad faith and implied trust cannot be resolved in a motion to dismiss but require full trial.

Bad Faith in Unregistered Land Sales and Trust Disputes: Belle Corp. v. De Leon-Banks

When can a buyer of unregistered land be sued for bad faith? The Supreme Court clarifies pleading rules in trust and property disputes.

Supreme Court Acquits IMC General Manager But Affirms Convictions in P116M Graft Case

SC ruling clarifies evident bad faith in graft cases, acquitting an IMC official who relied on subordinates while affirming convictions of others.

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.

Robbery With Homicide Conviction Upheld Despite Claims of Illegal Arrest and Lack of Counsel

The Supreme Court affirms a robbery with homicide conviction, ruling that illegal arrest claims are waived if not raised before plea, and that police line-ups are not part of custodial investigation.

Lawyer Suspended for Misappropriating Client Funds in Breach of Trust

Supreme Court suspends lawyer for six months for failing to return client funds consigned with HLURB, violating Canon 16 of the Code of Professional Responsibility.

Corporate Merger and Garnishment: Surviving Corporation's Liability for Pre-Existing Obligations

When banks merge, the surviving corporation inherits garnishment obligations of the absorbed bank. The Supreme Court explains why.

Due Process in Employee Dismissal: The Two-Notice Rule and Employer Obligations

Learn the two-notice rule in Philippine labor law and how the Supreme Court applied it to probationary employees in Carvajal v. Luzon Development Bank.

Corporate Rehabilitation Separate Juridical Personality Prevails Over Third Party Mortgages

Supreme Court clarifies that corporate rehabilitation stay orders do not cover properties owned by third-party mortgagors.

Dragnet Clauses and Foreclosure: Defining the Limits of Mortgage Security in the Philippines

A bank cannot inflate a foreclosure redemption price using a dragnet clause. The Supreme Court explains the limits of mortgage security.

CARP Landowner Rights After CLOA Issuance: Diamond Farms Case on Just Compensation and Beneficiary Possession

Supreme Court ruling on landowner rights, just compensation, and beneficiary possession under CARP after CLOA issuance in Diamond Farms v. Diamond Farm Workers.

Judicial Misconduct and Impeachment: When Court Review Becomes Moot

The Supreme Court explains why it dismissed Chief Justice Corona's challenge to his impeachment trial—because the case became moot after conviction.

Rehabilitation Denied When Financial Realities Override Corporate Rescue

The Supreme Court clarifies when corporate rehabilitation is not available—mere illiquidity qualifies, but irreversible insolvency with speculative plans does not.

Civil Liability Survives Acquittal: Understanding the Limits of Reasonable Doubt in Philippine Law

An acquittal in a criminal case does not automatically erase civil liability. Learn how Philippine courts apply different standards of proof.

Bank Negligence vs Depositor Responsibility: Who Bears the Brunt of Fraud

Learn how Philippine courts balance bank negligence against depositor responsibility in fraud cases, and what this means for your rights.

Stare Decisis in Real Estate Disputes: When a Prior Ruling Binds Later Bank Cases

The Supreme Court applies stare decisis to dismiss a bank's reconveyance case, ruling that a prior finding of a void warehousing agreement binds all similar cases.

Expropriation for Socialized Housing: Balancing Public Need and Private Rights

Philippine Supreme Court ruling on City of Manila's failed expropriation for socialized housing, highlighting strict rules on eminent domain.

Forfeiture in Plunder Cases: Tracing Ill-Gotten Wealth and Protecting State Interests

Explaining how the Supreme Court upheld the forfeiture of assets traceable to plunder, including shares held by third parties, under RA 7080.

When an Agent Exceeds Authority: Surety Bonds and the Limits of Apparent Authority

The Supreme Court clarifies when a principal is liable for an agent's unauthorized surety bond, and when third persons must verify authority.

Ratification Validates Unauthorized Acts: Agency Law in Philippine Mortgages

Explaining how ratification under Philippine law validates an agent's unauthorized mortgage acts, as ruled in Prieto v. Court of Appeals.

Escheat Proceedings: Banks Must Notify Depositors Before Dormant Funds Are Transferred to the State

Philippine Supreme Court rules on banks' duty to notify depositors before dormant funds are escheated to the state, protecting depositor rights.

Corporate Veil Piercing: Directors Held Liable for Fraudulent Misrepresentation in Syndicated Estafa

Supreme Court ruling on when corporate directors can be held criminally liable for estafa despite the separate juridical personality of corporations.

Shared Negligence: Banks and Depositors Must Bear Losses Equally When Both Are at Fault

When a bank releases check proceeds before clearing and a depositor withdraws them hastily, both may share the loss equally under Philippine law.

When a Judge's Side Business Crosses the Line: Lessons from Luarca v. Molato

The Supreme Court clarifies when a judge's involvement in a spouse's business becomes an administrative offense, and what judges must avoid.