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 793816 of 1,411 articles for bank

Equitable Mortgage: When an Absolute Sale Is Really a Loan Security

The Supreme Court explains when a deed of absolute sale is actually an equitable mortgage, and what parties must do to recover property.

Forum Shopping Prohibition Filing Separate Actions FOR THE Same Relief Results IN Dismissal

Filing both an appeal and a certiorari petition over the same RTC orders is forum shopping. The Supreme Court explains why both cases were dismissed.

Just Compensation in Agrarian Reform: Determining Land Value Under RA 6657

Philippine Supreme Court clarifies which law governs land valuation for agrarian reform properties acquired under PD 27 but compensated after RA 6657.

Just Compensation for PD 27 Lands: Applying RA 6657 After Delay

When just compensation remains unsettled when RA 6657 took effect, the CARP Law governs valuation, not PD 27's outdated formula.

Upholding Public Trust: Dismissal for Gross Immorality in the Judiciary

A judge's extramarital affair led to dismissal from service and suspension from law practice, reaffirming strict ethical standards for the bench.

Eminent Domain and Abandonment: Reversion of Expropriated Land for Lack of Public Use

When the government abandons expropriated land and fails to pay just compensation, courts may order reconveyance to the original owners.

Eminent Domain Abandonment of Expropriated Property and the Right to Reconveyance

When the government abandons expropriated land and fails to pay just compensation, owners may reclaim the property. Learn the rules.

Procedural Compliance and Corporate Rehabilitation: Ensuring Fair Adjudication of Appeals

The Supreme Court reminds appellate courts that procedural rules serve justice, not frustrate it, in corporate rehabilitation appeals.

Lease vs Land Reform: Tenant Rights to Crops and Improvements Under CARP

When the government acquires land under CARP, who owns the standing crops and improvements—the landowner or the tenant? The Supreme Court clarifies.

Peace vs. the Constitution: Delineating Executive Power in Ancestral Domain Agreements

The Supreme Court ruled the MOA-AD unconstitutional, limiting the executive's power to bind the state in peace agreements.

Conspiracy and Falsification: Probable Cause in Private Document Cases

How the Supreme Court clarified that conspiracy allegations in falsification cases need only probable cause at preliminary stages, not proof beyond reasonable doubt.

Fair Valuation in Agrarian Reform: Just Compensation Under R.A. 6657

The Supreme Court clarifies that just compensation for lands acquired under P.D. 27 must follow R.A. 6657 and DAR regulations, not outdated formulas.

Fictitious Payee Rule and Bank Liability in Check Payments

When is a named payee "fictitious" under Philippine law? The Supreme Court explains who bears the loss when checks are paid without indorsement.

Upholding Contractual Obligations in Agrarian Reform: The Binding Effect of Deeds of Assignment

A deed of assignment signed by a landowner in agrarian reform can bar a later claim for higher just compensation, as the Supreme Court ruled.

Breach of Contract and Tortious Interference: Proving a Valid Contractual Right

Learn when tortious interference claims fail: a valid contract must exist before third-party interference can be actionable under Philippine law.

Estafa Conviction Overturned: The Critical Role of Notice in Bouncing Check Cases

The Supreme Court acquits Goretti Ong of estafa, ruling that failure to prove notice of dishonor is fatal to a bouncing check prosecution.

Loan Restructuring vs Mortgage Release: When Must a Bank Return Collateral?

When a borrower restructures a loan and assigns property as partial payment, is the bank obliged to release other collateral? The Supreme Court explains.

Investment or Loan? The Estafa Trap in Misrepresented Business Ventures

When a business deal fails, is it a breach of contract or estafa? The Supreme Court clarifies when false pretenses turn a failed investment into a criminal offense.

Guarantor's Defense of Excussion: What the Supreme Court Requires

Explaining the benefit of excussion for guarantors under Philippine law, based on the Supreme Court's ruling in Bitanga v. Pyramid Construction.

Breach of Trust Establishing Estafa Through Misappropriated Loan Proceeds

When does failure to turn over loan proceeds become estafa? The Supreme Court explains misappropriation under Article 315.

BP 22 Cases Not Suspended by Corporate Rehabilitation: Tiong Rosario v. Co

Corporate rehabilitation suspends claims against a company, but not criminal prosecution of officers for bouncing checks under BP 22.

Supreme Court Dismisses Judge for Extramarital Affair, Suspends Him From Law Practice

The Supreme Court dismissed a judge for gross immorality over an extramarital affair and suspended him from law practice for three years.

Finality of Judgments: Understanding Motions for Reconsideration in Philippine Labor Law

The Supreme Court clarifies when a second motion for reconsideration may be allowed, emphasizing finality of judgments and notice to counsel rules.

Altered Checks and Holder in Due Course Protection Under the Negotiable Instruments Law

Supreme Court ruling on drawee bank liability for altered checks and holder in due course protection under the Negotiable Instruments Law.