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Showing 49–72 of 138 articles for “default”

Demurrage Recovery in the Philippines: How Subrogation Protects Payers

Learn how legal subrogation allows an indent representative to collect demurrage from a defaulting buyer, as ruled by the Supreme Court.

Credit Card Approvals: When Delay Is Not Legal Default

Supreme Court explains when a credit card issuer's delay in approving purchases constitutes legal default and liability for damages.

Summary Procedure Default: When Failure to Appear Warrants Judgment on the Complaint

Explains Lazaro v. Brewmaster International on when a court may render judgment based on the complaint's allegations under the Revised Rule on Summary Procedure.

Contract to Sell Default: When Sellers Can Cancel and Keep the Property Off the Market

Philippine Supreme Court ruling on when a buyer's failure to pay installments in a contract to sell justifies cancellation by the seller.

Novation Requires Clear Agreement: Loan Restructuring and Foreclosure Rights

Supreme Court clarifies that accepting partial payments does not automatically novate a loan, and banks may still foreclose on defaulted mortgages.

Foreclosure Validity Loan Default AND Extrajudicial Process Under ACT 3135

Can a Bank Lower the Retirement Age? Lessons from Obusan v. PNB

The Supreme Court explains when a company retirement plan can set a lower compulsory retirement age than the Labor Code's 65-year default.

Cross-Default Clauses and Preliminary Injunctions: Lessons from Lim v. BPI Agribank

When can a borrower stop a bank from foreclosing? The Supreme Court explains the "right in esse" requirement for injunctions.

Default Orders and Due Process: Protecting Contractors' Rights in Construction Disputes

Philippine Supreme Court ruling on default orders, due process, and corporate officer liability in construction payment disputes.

Finality of Foreclosure: Rights and Duties After a Mortgage Default

What happens after a mortgage default and foreclosure sale becomes final? The Supreme Court clarifies the mortgagor's rights and duties.

Default and Foreclosure: When Accepting Late Payments Waives the Right to Foreclose

A lender who accepts late and partial payments after a borrower's default may waive the right to foreclose. Learn the rule from this Philippine case.

Defective Summons Ensuring Proper Notification IN Philippine Legal Proceedings

Learn how defective summons can void a default judgment, as shown in B.D. Long Span Builders v. R.S. Ampeloquio Realty.

Default Orders and the Law of the Case: When Prior Rulings Bind Subsequent Appeals

The Supreme Court explains how the doctrine of law of the case bars relitigating a default order previously upheld with finality.

Perfected Contract to Sell vs Cancellation for Default: Lessons from Traders Royal Bank v. Cuison

When is a contract to sell perfected, and when can a seller cancel it for default? The Supreme Court clarifies in Traders Royal Bank v. Cuison.

Default Judgments and Due Process: The Imperative of Procedural Compliance in Philippine Courts

Philippine Supreme Court ruling on finality of judgments, procedural compliance, and the limits of post-judgment remedies in civil cases.

Continuing Surety Agreements: When a Surety Stays Liable Despite Principal Default

Philippine Supreme Court ruling on continuing surety agreements and a surety's joint and several liability despite the principal debtor's default.

Accounting for Family Wealth: Default Judgments and the Limits of Contempt in Intra-Family Disputes

A Supreme Court ruling clarifies default judgment rules, appeal periods, and why contempt is not the remedy for disobeying a remand order.

Default Judgments: When a Bank's Procedural Lapses Lead to Default

The Supreme Court upheld a default declaration against PNB for filing a late answer and misleading the court, clarifying strict rules on extensions.

When Can You Challenge a Default Judgment: Annulment and Due Process Explained

Learn when a default judgment can be annulled in the Philippines, including grounds like extrinsic fraud and lack of jurisdiction, based on a Supreme Court ruling.

Lessor's Lien vs Chattel Mortgage: Rights Over Leased Property After Default

When a lessor takes a tenant's property for unpaid rent and a lender later claims the same items under a chattel mortgage, who wins? The Supreme Court clarifies.

Valid Service of Summons on Corporations: Strict Rules Protect Corporate Rights

Learn how strict service of summons rules protect corporations from default judgments in Philippine civil procedure.

Extrajudicial Repossession After Lease Default: What Irao v. By the Bay, Inc. Means

Supreme Court explains when a lessor's demand letter counts as notice of termination, allowing extrajudicial repossession of leased property.

Lease Termination: Lessors Can Still Collect Rent After Lessee Default and Abandonment

Philippine Supreme Court ruling on lessor rights when lessee defaults and abandons leased property, clarifying remedies for unpaid rent.

Default Judgments in Ejectment Cases: Upholding Due Process and the Rules of Summary Procedure

Learn how the Supreme Court protects due process in ejectment cases, emphasizing strict adherence to procedural rules and the proper grounds for default judgments.