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 721744 of 1,396 articles for bank

Retroactivity of Laws and Vested Rights in Bank Liquidation: PDIC v. Stockholders of Intercity Bank

When can a new law apply to an ongoing bank liquidation? The Supreme Court explains the rule on retroactivity and vested rights.

Untangling Rescission: Prescription Periods in Philippine Property Sales

Philippine Supreme Court clarifies when the four-year prescriptive period for rescission of a sale starts, using the Quirong v. DBP case.

Foreclosure Notice Requirements: BPI v. Puzon on Posting, Publication, and Presumption of Regularity

Supreme Court clarifies notice requirements in extrajudicial foreclosure, upholding sale where publication was made and presumption of regularity applied.

Just Compensation Land Valuation Under Agrarian Reform Requires Independent Judicial Assessment

Philippine Supreme Court rules trial courts must independently determine just compensation in agrarian reform cases, not merely adopt DARAB valuations.

Parol Evidence Rule and Commitment Fees: Norton Resources v. All Asia Bank

When a written contract is clear, courts will not look beyond its four corners. The parol evidence rule explained.

Illegal Dismissal, Retirement Age, and Employee Benefits: Key Lessons from Ondevilla v. Colegio de San Juan de

Learn how the Supreme Court ruled on constructive dismissal, optional retirement, and CBA benefits for managerial employees in this Philippine labor case.

Protecting Marital Property: The Necessity of Spousal Consent in Property Sales

Learn how the Supreme Court protects conjugal property from unauthorized sales by one spouse, and why buyers must verify spousal consent.

Prescription in Reconveyance: Clarifying the Four-Year Rule for Actions Based on Threat and Intimidation

The Supreme Court clarifies when the four-year prescriptive period runs in reconveyance actions based on threat and intimidation, not fraud.

Writ of Possession Denied When Third Party Holds Property Adversely to Mortgagor

Supreme Court clarifies when a bank cannot get a writ of possession after foreclosure—when a third party holds the property under an adverse title.

Unjust Refusal of Payment: When Creditors Must Accept Loan Proceeds

Explaining when a creditor's unjust refusal to accept payment has legal consequences, and why tender and consignation still matter under Philippine law.

Documentary Stamp Tax: When Special Savings Deposits Are Certificates of Deposit Drawing Interest

The Supreme Court rules that special savings deposits with fixed-term features are "certificates of deposit drawing interest" subject to documentary stamp tax.

Government Contracts and Eminent Domain: Scrutinizing Good Faith in Land Acquisition

Philippine Supreme Court clarifies that just compensation in agrarian reform must follow RA 6657 and DAR formulas, not market data alone.

Unregistered Land Sales: Why Registration Matters in Ownership Disputes

A Supreme Court ruling explains why an unregistered deed of sale cannot bind third parties in property disputes over unregistered land.

Jurisdiction in Swindling Cases: How Penalties Determine the Proper Court

Philippine Supreme Court ruling explains how penalties and fines determine which court hears swindling cases under the Revised Penal Code.

Annulment of Judgment in Criminal Cases: Llamas v. Court of Appeals

When can a criminal conviction be annulled? The Supreme Court clarifies Rule 47 applies only to civil cases, not criminal ones.

Judge Dismissed and Suspended from Law Practice for Marital Infidelity and Abandonment

Supreme Court dismisses a judge for gross immorality over an extramarital affair and child, suspending him from law practice for three years.

Clerk of Court Dismissed for Dishonesty in Handling Public Funds

Supreme Court dismisses clerk of court for failing to account for P256,530.25 in court fund shortages, affirming strict accountability standards.

Credit Card Interest Rates: Balancing Lender Rights and Borrower Protection in the Philippines

The Supreme Court limits credit card interest and penalty rates to 2% monthly, balancing lender rights with borrower protection.

Publication Imperative Safeguarding Property Rights in Foreclosure Sales

Supreme Court rules strict publication of foreclosure sale notice is mandatory; failure invalidates sale and subsequent transfers.

Implied Consent and Jurisdiction: When Unpleaded Issues Become Part of a Case

Philippine Supreme Court ruling on how unpleaded issues tried with implied consent become part of a case under Rule 10.

Striking a Balance When Justice Requires Flexibility in Procedural Rules

The Supreme Court explains when courts may relax mandatory procedural rules, using a bank's late pre-trial brief as the case in point.

Estoppel in Land Sales: Upholding Agreements Despite Lack of Written Authority

Philippine Supreme Court rules on estoppel in land sales where an agent lacked written authority, protecting buyers who relied on the seller's silence.

Forfeiture of Retirement Benefits for Serious Misconduct: Due Process in Termination Cases

Supreme Court ruling on when employers may forfeit retirement benefits for serious misconduct and what due process requires in termination.

When Heated Words Lead to Illegal Strikes: Balancing Free Speech and Order in Labor Disputes

Philippine Supreme Court ruling on gross negligence, serious misconduct, and due process in employee dismissal cases under the Labor Code.