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 97120 of 1,294 articles for bank

Certiorari as a Remedy: Exhausting Administrative Remedies in Banking Disputes

Learn when certiorari is proper in banking disputes and why exhausting administrative remedies remains a key requirement before court action.

Prompt Compensation Imperative in Determining Just Compensation in Philippine Expropriation Cases

Philippine Supreme Court rules just compensation is reckoned from the date of taking, not the filing of the complaint, and must be paid promptly with interest.

Counsel Negligence and Strict Procedural Rules: PNB v. Spouses Victor

Supreme Court affirms strict 60-day period for petitions for relief, holding clients bound by counsel's negligence absent clear abandonment.

Escrow Funds and Execution of Judgments: Rights of Third-Party Banks Clarified

Supreme Court clarifies when escrow funds may be reached in executing money judgments, protecting third-party banks from premature court orders.

Trust Receipts and Estafa: Upholding Criminal Liability for Breach of Trust

Supreme Court clarifies that failure to turn over goods or proceeds under trust receipts is estafa under PD 115, not mere civil liability.

Standby Letters of Credit vs Counter-Bonds: Safeguarding Preliminary Attachments in Philippine Litigation

A standby letter of credit cannot substitute a counter-bond to discharge a preliminary attachment under Rule 57, per the Supreme Court.

Estate vs Trustee: Intestate Courts Cannot Decide Ownership Disputes

Philippine Supreme Court clarifies that intestate courts lack jurisdiction to adjudicate ownership of properties claimed by third parties under adverse title.

Condominium Dues and VAT: Supreme Court Clarifies Taxability of Association Fees

The Supreme Court confirms that condominium association dues are not subject to VAT, income tax, or withholding tax.

Taxpayers May Await Commissioner's Decision Before Appealing BIR Assessments to CTA

Supreme Court clarifies taxpayers may await the Commissioner's ruling on a protested BIR assessment before filing an appeal with the Court of Tax Appeals.

When Holding Two Positions Is Not Grave Misconduct: Espinas v. Ombudsman

Explaining the Supreme Court's ruling that holding concurrent public and private bank positions, without corrupt intent, is not automatically grave misconduct.

Trust Receipts and Estafa: Why a Payment Agreement Does Not Erase Criminal Liability

The Supreme Court ruled that a new payment schedule cannot erase criminal liability for trust receipt violations, which are malum prohibitum.

Agricultural Tenancy Bars Foreclosure Writ of Possession: Land Bank v. Basilan

The Supreme Court rules that agricultural tenancy is a valid third-party claim that suspends a writ of possession over foreclosed land.

Reclaimed Lands and Constitutional Limits: The Central Bay Case on Corporate Land Ownership

The Supreme Court voids a compromise agreement transferring reclaimed land to a private corporation's assignee, upholding constitutional bans on corporate land ownership.

Agrarian Reform vs Bank Foreclosure: Protecting Farmer Beneficiaries' Land Rights

Supreme Court voids bank foreclosure of an emancipation patent awarded under agrarian reform, reinforcing the 10-year transfer ban.

Liability for Forged Checks When Collecting Banks Bear the Loss

Philippine Supreme Court ruling on collecting bank liability for forged endorsements, negligence standards, and the fictitious payee rule.

Motion to Quash in Estafa Cases: Grounds, Waiver, and Double Jeopardy Explained

Learn the procedural rules on motion to quash in estafa cases, including waiver of grounds and double jeopardy, from a recent Supreme Court ruling.

Notarial Duty to Verify Identity: Lessons from Dionisio v. Padernal

Notarization is not a mechanical act. A notary must verify identity using competent evidence—not community tax certificates—or face sanctions.

Due Process in Administrative Cases: No Liability Without Formal Charges

Supreme Court rules a government employee cannot be held administratively liable without a formal charge, reaffirming due process in civil service cases.

Corporate Dissolution and Property Rights: Clarifying Successor Liability in Land Disputes

The Supreme Court clarifies when dissolved corporations and their officers can be held liable for delivering property titles in subdivision disputes.

Prescription in Tax Assessments: Waivers Must Be Strictly Compliant for Validity

Waivers of the tax prescription period are strictly construed. Missing the BIR's date of acceptance voids them, and assessments without due dates fail.

Accountability Prevails Public Officials Held Civilly Liable Despite Acquittal In Illegal Funds Transfer Case

Acquittal in a criminal case does not erase civil liability. The Supreme Court explains why public officials must still answer for negligent handling of public funds.

CBA-Protected Benefits: When Management Prerogative Cannot Override the Collective Bargaining Agreement

Philippine Bank of Communications v. PBCOMEA: benefits written into a CBA cannot be unilaterally changed by management without union participation.

Lawyer Accountability: Why Financial Management and Client Service Matter in Court

A Supreme Court ruling on misappropriated court funds shows why lawyers and court personnel must uphold strict financial management and client service standards.

Res Judicata Bars Relitigation of Contract Validity in Loan Disputes

The Supreme Court clarifies when a dismissal order bars a second lawsuit on the same loan contract under res judicata.