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 11771200 of 1,463 articles for bank

Personal Surety Liability vs Corporate Rights: When Banks Lose Their Claim

A bank's unauthorized extension of credit deadlines releases personal sureties from liability, even when they signed a continuing guaranty.

Fiduciary Duty and Accountability: The Consequences of Violating Court Circulars on Fund Management

A clerk of court who released a bail bond without a written court order was fined for violating Supreme Court Circular No. 50-95.

Right to Property vs Contractual Obligations: Preliminary Injunctions Explained

Learn when courts may issue preliminary injunctions to protect property rights, and the limits of quasi-judicial contempt powers.

DARAB Contempt Powers: Why Arrest Orders Must Come From Courts

The Supreme Court limits DARAB's contempt power—arrest orders for indirect contempt must come from the Regional Trial Court, not administrative bodies.

Accountability in Public Service: Reassessing Penalties for Malversation of Funds

The Supreme Court clarifies the elements of malversation and corrects the penalty imposed on a city cash clerk who failed to deposit public funds.

Marcos Ill-Gotten Wealth: The Power of Presumptions in Forfeiture Cases

How the Supreme Court ruled that presumptions and admissions can justify summary judgment in recovering Marcos ill-gotten wealth under RA 1379.

Unexplained Wealth and Due Process: Montemayor and Public Service Integrity

A look at Montemayor v. Bundalian, where the Supreme Court upheld a public official's dismissal for unexplained wealth and clarified due process in administrative cases.

Supreme Court Dismisses Judge for Gross Immorality in Extramarital Affair Case

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

Finality of Judgment: Clarification vs. Modification of Court Orders

Philippine Supreme Court ruling on when a final judgment may be clarified without violating the doctrine of immutability of judgments.

Service of Court Decisions: When Notice to a Party Trumps Notice to Counsel

Philippine Commercial International Bank v. Court of Appeals clarifies when service of a CIAC decision on a party, not counsel, starts the appeal period.

Ejectment vs Ownership: When Courts Decide Possession in Land Disputes

Philippine Supreme Court clarifies that claims of ownership do not strip municipal trial courts of jurisdiction over ejectment cases.

Balancing Technical Rules and Substantial Justice in Labor Disputes

Philippine Supreme Court ruling on liberal construction of verification and non-forum shopping rules in labor cases.

Deposit Insurance Coverage and the Usual Course of Business Rule in Bank Transactions

Supreme Court ruling on PDIC coverage for deposits made before a bank's closure, defining "usual course of business."

Trust Receipts Law Liability: When Agents Face Estafa Charges

Learn when corporate agents can face criminal liability for estafa under the Trust Receipts Law, based on the Supreme Court's ruling in Ong v. Court of Appeals.

Bank of America v. Litonjua: When Courts May Keep a Case Despite Foreign Ties

Explaining when Philippine courts may keep a case despite foreign connections, and why denial of a motion to dismiss is not appealable via certiorari.

Forum Non Conveniens and Philippine Courts: Discretion in International Disputes

Philippine courts may assume jurisdiction over international disputes when convenient, fair, and enforceable—explained through Bank of America v. Court of Appeals.

Writ of Possession in Foreclosure: Bank Rights Prevail Over Third-Party Claims

Learn how the Supreme Court ruled that a writ of possession in extrajudicial foreclosure is ministerial, and third-party claimants must use proper remedies.

Writ of Possession in Foreclosure: What Third-Party Claimants Must Know

Learn how the Supreme Court ruled on writs of possession in foreclosure sales and what third-party claimants must do to protect their rights.

Retroactivity vs Prospectivity: Protecting Vested Rights in Agrarian Reform Appeals

The Supreme Court clarifies when its ruling on the proper mode of appeal in agrarian cases applies, protecting vested rights.

Retroactivity of Remedial Laws: Clarifying the Period for Filing Certiorari Petitions

The Supreme Court clarifies when the 60-day period for filing certiorari petitions is counted, applying amended procedural rules retroactively.

Foreclosure Sales: Strict Compliance With Publication Requirements

When a postponed foreclosure sale proceeds without republication of notice, the sale is void. Learn the rules from Ouano v. Court of Appeals.

Surety Bonds, Deficiency Claims, and the Burden of Proof in Collection Suits

The Supreme Court clarifies when a demand for payment is valid and what evidence creditors must present to collect a deficiency after foreclosure.

Mortgage Foreclosure Estoppel Prevents Claimants From Denying Prior Actions

Philippine Supreme Court ruling on how estoppel bars property claimants from questioning a mortgage foreclosure after prior inconsistent acts.

Optional Retirement Rights and Labor Tribunals' Limits in Illegal Dismissal Cases

Supreme Court clarifies optional retirement requires explicit employee consent, and labor tribunals lack jurisdiction over tax refund claims.