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Showing 73–96 of 346 articles for “loan”

Legal Interest on Loans: When Courts Impose Compensatory Interest in the Philippines

Philippine Supreme Court clarifies when legal interest applies to unpaid loans, distinguishing monetary from compensatory interest under Nacar guidelines.

Prescription and Probable Cause: Protecting Public Officials From Stale Charges

The Supreme Court affirms the Ombudsman's dismissal of behest loan charges, clarifying prescription periods and probable cause requirements under RA 3019.

Taming Unconscionable Interest: Reassessing Loan Obligations and Attorney's Fees in Philippine Law

The Supreme Court clarifies how courts temper unconscionable loan interest rates and when attorney's fees may be awarded in foreclosure cases.

Behest Loans and Due Diligence: Protecting Public Funds From Graft

Supreme Court ruling on when government loans become graft, and why due diligence and business judgment protect public officials.

CBA vs Bank Policy: Protecting Workers' Rights Against Unilateral Loan Changes

Supreme Court rules banks cannot impose credit-check requirements on CBA salary loans without negotiating with the union first.

Bank's Failure to Release Loan Funds Nullifies Foreclosure of Mortgage

Philippine Supreme Court rules a bank's breach of a credit agreement bars foreclosure, explaining borrower's reciprocal obligation to pay only arises after full release of loan proceeds.

The Constitutional Right to a Reasoned Decision: Due Process in Loan Collection Cases

A Supreme Court ruling reminds judges that decisions must state facts and law clearly, or risk being void for violating due process.

Exclusive Venue Stipulations in Real Estate Mortgages: When They Bind the Parties

The Supreme Court clarifies when exclusive venue clauses in real estate mortgages are binding, even if borrowers challenge loan terms.

When Approving Loans Doesnt Equal Liability Protecting Officials From Unfair Disallowances

Estafa Corporate Liability vs Personal Liability in Loan Agreements

When is a corporate officer personally liable for estafa in a loan deal? The Supreme Court clarifies the line between criminal fraud and civil debt.

Mortgage Foreclosure Upholding Contractual Notice AND Loan Coverage Requirements

Supreme Court ruling on forged SPA in mortgage foreclosure, requiring lenders to verify authority and giving borrowers protection.

Unconscionable Interest: The Limits of Contractual Freedom in Philippine Loans

Philippine courts can strike down unconscionable interest rates in loan agreements. Learn the rules on excessive interest and how borrowers are protected.

When a Spouse's Consent Is Missing: Void Mortgages and Conjugal Liability

A mortgage on conjugal property without the other spouse's consent is void, but the loan itself may still bind the family.

Lawyer Disbarred for Misappropriating Client Funds and Double-Dealing in Property Sale

Supreme Court disbars lawyer who converted client's loan proceeds, neglected title transfer duties, and represented conflicting interests.

Defective Notarization Sinks Presumption, But SC Upholds P600,000 Antichresis Loan

The Supreme Court voided the presumption attached to a notarized loan deed, yet still upheld the P600,000 antichresis debt and ordered yearly accounting of farm yields.

Novation Requires Clear Release of Original Debtor: Lessons from Ever Electrical v. PBCOM

When does a new debtor's assumption of a loan release the original borrower? The Supreme Court explains novation rules.

Reducing Unconscionable Penalties: The Supreme Court’s Stance on Fair Loan Obligations

The Supreme Court clarifies when penalty charges in loan contracts are unconscionable and may be reduced, balancing creditor rights with debtor protection.

Unconscionable Penalties: Reassessing Loan Obligations in Philippine Law

The Supreme Court clarifies when courts may reduce penalty charges and attorney's fees in deficiency claims after foreclosure.

Court Clerk Dismissed for Bypassing Raffle of Judicial Notices and Taking Loans

Supreme Court dismisses court clerk for grave misconduct: bypassing the raffle of judicial notices and borrowing money from newspaper publishers.

Interbank Call Loans and Documentary Stamp Tax: Clarifying Taxable Instruments in the Philippines

Supreme Court clarifies that interbank call loans are not subject to documentary stamp tax under the NIRC.

Annulment of Sheriff's Sale Based on Alleged Loan Payment: Key Lessons from Domingo v. Molina

The Supreme Court clarifies when a sale of conjugal property by a surviving spouse is valid, and the proper remedy for co-owners.

Cause OF Action Annulment OF Sheriffs Sale Based ON Alleged Loan Payment

Mutuality of Contracts: Banks Cannot Unilaterally Raise Interest Rates Without Borrower Consent

Philippine Supreme Court ruling on why banks cannot unilaterally increase loan interest rates without borrower consent, citing mutuality of contracts principle.

Behest Loans AND Grave Abuse OF Discretion Safeguarding Public Funds IN Government Transactions