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 4972 of 72 articles for postdated check

Partial Payment and Fulfillment of Obligations: Creditor Rights Under B.P. 22

When does partial payment satisfy a debt? The Supreme Court clarifies creditor rights and the Bouncing Checks Law in Alonto v. People.

Estoppel in Questioning Jurisdiction: Participating in Trial Bars Later Challenges

The Supreme Court rules that a party who actively participates in trial and seeks affirmative relief is estopped from questioning the court's jurisdiction on appeal.

Bouncing Checks Law: When Fear and Necessity Do Not Excuse Issuing Bad Checks

The Supreme Court clarifies when uncontrollable fear and state of necessity cannot excuse liability under the Bouncing Checks Law.

B.P. 22 Conviction Requires Proof of Written Notice of Dishonor: The Sia Case

Conviction under the Bouncing Checks Law requires proof the accused received written notice of dishonor. The Sia case explains why.

Attorney Suspended for Misappropriating Client Funds and Neglecting Duties

Lawyer suspended one year for misusing client funds and failing to transfer property title, violating fiduciary duties under the Code of Professional Responsibility.

Checks as Guarantee in Loan Agreements: No Estafa Without Deceit

Supreme Court clarifies that postdated checks as loan guarantees do not constitute estafa absent proof of fraud or deceit.

Bouncing Checks and the Breadth of BP 22: Understanding so that its dishonor becomes a crime? The case is a us

The Facts of the Case Miraflor San Pedro and Evelyn Odra were friends and business associates. Odra entrusted San Pedro with Pyrex cooking utensils to sell. Ov

Sheriffs Duty and Expense Advancement When a Writs Execution Hinges on Plaintiffs Action

A sheriff cannot personally collect execution expenses from a party-litigant; Rule 141 requires court-approved deposits with the clerk of court.

Bouncing Checks and Insufficient Notice: Protecting Individuals From Unjust Convictions

The Supreme Court acquits a check issuer because the prosecution failed to prove receipt of notice of dishonor, a key element under BP 22.

Bouncing Checks and the Importance of Written Notice: Domagsang v. Court of Appeals

The Supreme Court rules that a mere verbal demand is not enough to convict under the Anti-Bouncing Check Law—written notice of dishonor is required.

Venue Stipulations in Contracts: Who Is Bound Under Philippine Law

Philippine Supreme Court ruling on venue stipulations in contracts and who is bound, including assignees and privies.

Collective Liability and Conspiracy in Criminal Actions: People v. Aquino

When does mere presence or participation in a transaction amount to criminal conspiracy? The Supreme Court clarifies in People v. Aquino.

Deceptive Check Issuance and Fraud in Estafa Cases Involving Postdated Checks

When does issuing a postdated check become estafa? The Supreme Court explains the crucial role of deceit in People v. Panganiban.

Understanding Novation in Philippine Contract Law: When Does a New Agreement Cancel the Old

Philippine Supreme Court explains when a new contract cancels an old one, and why novation is never presumed in law.

Bouncing Checks and Criminal Liability: Why Account Sufficiency Matters

Philippine Supreme Court explains when issuing a check against a closed account becomes a crime under BP 22, and why account sufficiency at issuance is key.

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.

When a Bouncing Check Isn't Estafa: Checks as Loan Security in the Philippines

Philippine Supreme Court ruling on when postdated checks given as loan security, not payment, cannot result in estafa conviction.

Unreasonable Trial Delays: A Judge's Duty to Control Court Proceedings

When a judge tolerates repeated postponements, the Supreme Court steps in. Learn the rules on trial delays and judicial accountability.

Bouncing Checks and Broken Promises: Understanding Estafa in Philippine Investment Schemes

Learn how the Supreme Court treats investment scams involving bouncing checks, deceit, and estafa under Philippine law.

Bouncing Checks in Business Partnerships: Avoiding Criminal Liability Under Philippine Law

A Supreme Court ruling explains when a bouncing check in a partnership dissolution is not a crime under the Bouncing Checks Law.

Contracts Still Stand: Why Bounced Checks Don't Always Void a Pacto de Retro Sale

Philippine Supreme Court ruling on why dishonored checks don't invalidate a pacto de retro sale when consideration existed at execution.

When a Lawyer's Private Misconduct Warrants Disciplinary Action

A lawyer's private misconduct can warrant suspension. This case explains when bad checks and deceitful conduct trigger discipline.

Rescission vs Ejectment: Jurisdiction in Philippine Property Disputes

Philippine Supreme Court clarifies when ejectment is premature: a contract to sell must first be rescinded before filing for possession.

Contract Validity and Enforceability: Lessons from Roblett v. Court of Appeals

A 1997 Supreme Court ruling on contract validity, authority to sign, and estoppel in Philippine obligations law.