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Showing 73–96 of 172 articles for “deposit”

Breach of Trust: When Banks Overstep Their Authority Over Depositor Accounts

Philippine Supreme Court ruling on bank liability for unauthorized deductions from depositor accounts and the fiduciary duty of banks.

Bank Secrecy vs Qualified Theft: Balancing Financial Privacy and Criminal Prosecution

The Supreme Court clarifies when bank deposits remain confidential under R.A. 1405 even in criminal cases, and why evidence must match the charge.

Cooperative Members' Deposit Interest Exempt from Final Withholding Tax: DCCCO v. CIR

The Supreme Court ruled that cooperatives need not withhold 20% final tax on members' deposit interest, citing social justice.

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.

Rental Income in Co-Ownership Disputes: Protecting Rights During Partition

When co-owners dispute rental income during a partition case, courts can order deposits to protect rights—but only within proper limits.

Deposit Refunds Lease Obligations AND Interest Rates Under Philippine LAW

Perfecting Real Estate Sales: No Contract Without Explicit Board Approval

GSIS v. Lopez explains when a real estate sale is perfected—and why a deposit alone does not create a binding contract.

BSP’s Exclusive Authority Over Bank Receivership: What It Means for Depositors and Creditors

The Supreme Court affirms the BSP’s exclusive authority over bank receivership, clarifying the limits of court intervention and the rights of depositors and creditors.

DST on Deposit on Stock Subscription: When Is It Due?

The Supreme Court clarifies when documentary stamp tax applies to deposits on stock subscription, distinguishing them from actual stock subscriptions.

Sugar Mill Loans: When Contract Terms Define Government's Right to Recover Funds

Supreme Court ruling on condonation scope in sugar mill loans, clarifying when banks and government can apply deposits to unpaid obligations.

Breach of Trust: Clerk of Court Dismissed for Neglect in Handling Court Funds

A clerk of court's failure to deposit fiduciary funds on time is gross neglect of duty, warranting dismissal even with belated payment.

Documentary Stamp Tax: Passbooks for High-Interest Savings Accounts Are Taxable

The Supreme Court ruled that passbook-evidenced high-interest savings accounts are taxable certificates of deposit under the documentary stamp tax law.

Dishonesty in Public Office: The Price of False Entries and Delayed Deposits

A cashier's false cashbook entry and delayed bank deposits amount to dishonesty, warranting dismissal from government service.

Deposition Denied: Balancing Discovery Rights and Diligence in Court Proceedings

When can a court deny a deposition? The Supreme Court explains the limits of discovery rights when a party delays proceedings.

Breach of Trust: Defining Grave Abuse of Confidence in Qualified Theft Cases

SC clarifies that bank employees holding deposited funds act with grave abuse of confidence, making them liable for qualified theft.

Bank Negligence and Depositor Fault: Who Bears Loss in Fraudulent Deposit Reversals

Supreme Court rules on allocating loss between bank negligence and depositor contributory fault in fraudulent check deposit reversals.

Immediate Possession in Expropriation: Public Purpose Need Not Be Settled First

Supreme Court clarifies that in expropriation cases, a local government may take possession of property upon filing the case and depositing 15% of the tax value, without a prior hearing on public purp

Balancing Privacy, Bank Inquiry Orders, and Due Process in Anti-Money Laundering Cases

The Supreme Court rules that AMLA bank inquiry orders cannot be issued ex parte, protecting depositors' right to due process.

BPI v. Reyes: Physical Evidence Prevails in Bank Deposit Dispute

Supreme Court explains preponderance of evidence in bank deposit disputes, ruling physical evidence outweighs bare testimony.

Bank Negligence and Fiduciary Duty in Handling Foreign Currency Deposits

Philippine Supreme Court ruling on bank liability for negligence in handling foreign currency time deposit pretermination and fiduciary duty.

Banks' Duty to Depositors: No Unilateral Freezing Without Court Order

Supreme Court rules banks cannot unilaterally freeze depositor accounts based on mere suspicion, reaffirming fiduciary duty to treat accounts with meticulous care.

Crossed Checks and Collecting Banks: Who Bears the Loss for Wrong Endorsement?

Learn when a collecting bank is liable for depositing a crossed check into the wrong account, and the duty to verify endorsements.

Equitable Reduction of Penalties in Lease Agreements: Balancing Contractual Freedom and Fairness

Supreme Court rules that courts may reduce unconscionable penalties in lease contracts, ordering return of 50% of forfeited security deposits.

Security Deposit Forfeiture and Lease Improvements: The Florentino v. Supervalue Ruling

The Supreme Court limits security deposit forfeiture in lease contracts and clarifies when lessees may claim reimbursement for improvements.