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 265 articles for banks

Upholding Finality: Supreme Court Reaffirms Requirements for Valid Motions for Reconsideration in Property Dis

Learn how the Supreme Court protected the finality of judgments and clarified the limits of appellate review in a property mortgage dispute.

Real Party in Interest and Property Disputes: Standing to Sue Explained

Learn how Philippine courts determine who may sue in property cases, with insights from Lexber v. Dalman on standing and rehabilitation.

Corporate Responsibility Enforcing Contracts Despite Technicalities

Supreme Court clarifies corporate rehabilitation rules, HLURB receiver requests, and 180-day plan approval periods in Lexber v. Dalman.

Novation Requires Clear Creditor Consent Protecting Banks IN Debt Assumption Cases

Philippine Supreme Court ruling on debt assumption, assignment of credit, and the need for creditor consent under Civil Code.

Understanding Documentary Stamp Tax on Trust Agreements: Insights from a Landmark Philippine Case

A Philippine Supreme Court ruling clarifies when documentary stamp tax applies to trust agreements and the evidence needed for tax refund claims.

Assignment of Credit vs. Assumption of Liability: Clarifying a Bank's Role in Property Development

When a bank buys a developer's receivables, does it inherit the developer's obligations to buyers? The Supreme Court clarifies the distinction.

Redemption Rights Clarifying Repurchase Price After Foreclosure Of Public Land

Supreme Court clarifies the repurchase price for foreclosed free patent land under Section 119 of the Public Land Act.

Upholding Forfeiture Jurisdiction Over Ill-Gotten Wealth Hidden Abroad

Philippine courts retain jurisdiction over forfeiture cases involving ill-gotten wealth even when assets are hidden in foreign jurisdictions.

Cashier's Checks and Contractual Disputes: Bank Obligations and Purchaser Rights in Philippine Law

When can a purchaser stop payment on a manager's or cashier's check? The Supreme Court explains in Chiok v. Metrobank.

When Banks Can Rely on Clean Titles: Mortgagee in Good Faith Explained

The Supreme Court explains when a bank that accepts a mortgage on a clean title becomes a mortgagee in good faith, even if the title later proves defective.

Credit Card Suspension: When Banks Must Answer for Negligence and Damages

Philippine Supreme Court ruling on credit card suspension, bank negligence, and cardholder rights to moral and exemplary damages.

Good Faith vs Actual Knowledge: Resolving Land Disputes in the Philippines

Philippine Supreme Court ruling on finality of judgments, petitions for relief, and banks' duty of diligence in land mortgage disputes.

Altered Checks and Bank Liability: Who Pays the Price of Forgery

When a bank clears an altered check, who bears the loss? The Supreme Court clarifies liability rules in Areza v. Express Savings Bank.

Balancing Housing Rights and Public Interest in Philippine Eviction Law

Supreme Court clarifies when evictions without court orders are allowed under RA 7279, and why procedural rules matter in constitutional challenges.

Mutuality of Contracts: When Banks Cannot Unilaterally Raise Interest Rates

Philippine Supreme Court ruling on Silos v. PNB explains why unilateral interest rate hikes violate the mutuality principle in loan contracts.

Electronic Fund Transfers and Documentary Stamp Tax: Navigating Tax Laws in the Digital Age

The Supreme Court ruled that electronic fund transfer instructions are not bills of exchange subject to documentary stamp tax under Section 181.

Mortgage in Good Faith: Banks vs Unregistered Land Sales in the Philippines

When does a bank lose protection as a mortgagee in good faith? The Supreme Court clarifies the rule on unregistered land sales.

When an Agent's Mortgage Signed in Own Name Does Not Bind the Principal

A mortgage signed by an agent in a personal capacity, without indicating agency, binds only the agent, not the principal.

Protecting Homebuyers: PD 957 Prevails Over Bank Mortgages in Subdivision Sales

Supreme Court rules banks must honor PD 957 protections for subdivision buyers, even when properties are mortgaged to secure developer loans.

Surety Bonds Survive Debt Extension: Key Supreme Court Ruling on Article 2079

Extension of a principal's debt without a surety's consent does not automatically extinguish surety bonds, per the Supreme Court.

Duty to Disclose Accrued Interest in SALNs and the Limits of Administrative Liability

The Supreme Court clarifies that public officials must declare accrued interest on time deposits in their SALNs, but penalties consider good faith.

Premature Foreclosure: Protecting Mortgagors' Rights Before Default

Philippine Supreme Court rules that foreclosing a mortgage before the debtor defaults on the principal loan is void and ineffectual.

Breach of Fiduciary Duty Banks Must Uphold Transparency in Trust Accounts

Philippine Supreme Court ruling on Land Bank v. Oñate clarifies banks' fiduciary duties, transparency obligations, and liability for undocumented trust account withdrawals.

Breach of Contract and Banks' Liability: Understanding Hold Out Clauses in Deposit Agreements

When can a bank freeze a depositor's account? The Supreme Court explains the limits of "hold out" clauses in deposit agreements.