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Showing 121–144 of 639 articles for “bank”

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.

Employer Liability in Labor-Only Contracting: Allied Banking Corp. v. Calumpang

When a bank's janitorial contractor is a labor-only contractor, the bank becomes the true employer—liable for illegal dismissal claims.

Administrative Due Process and Bank Secrecy: The Sibayan v. Alda Ruling

The Supreme Court clarifies how administrative due process and bank secrecy limits discovery in BSP proceedings, as shown in Sibayan v. Alda.

Finality of Judgments: Why Procedural Rules on Service of Motions Cannot Be Ignored

A bank's appeal was dismissed for defective service of its motion for reconsideration. The Supreme Court explains why procedural rules matter.

Untimely Filing: The High Cost of Ignoring Procedural Rules in Philippine Courts

A bank's appeal was dismissed because its motion for reconsideration was served by private courier without proper proof. Learn the procedural rules.

Corporate Liability vs Individual Responsibility: Clarifying Boundaries in Contractual Obligations

Supreme Court clarifies when a bank-assignee of receivables becomes liable to condominium buyers, distinguishing joint from solidary liability.

UCPB Liability as Assignee in Real Estate Development: What Buyers Should Know

Supreme Court ruling clarifies when a bank-assignee of receivables becomes liable to condominium buyers for a developer's failure to complete a project.

Unregistered Land and Due Diligence: A Bank's Duty in Mortgage Contracts

When a bank mortgages unregistered land, it must verify true ownership. The Supreme Court explains the consequences of failing this duty.

Quieting of Title: Banks Must Verify Ownership Before Accepting Untitled Land as Mortgage

A bank that fails to verify ownership of untitled land before accepting it as mortgage security loses the property. Learn the rules on quieting of title and due diligence.

Bank Manager's Acquittal in Graft Case Does Not Erase Civil Liability for Negligence

Philippine Supreme Court ruling clarifies that acquittal in a criminal graft case does not automatically absolve a bank manager from civil liability for negligence.

Lawyer Suspended for Calling Opposing Party a Swindler: Ethics Lessons from Buenviaje v. Magdamo

A lawyer's three-month suspension for malicious name-calling in a notice to a bank underscores the ethical limits of client zeal.

Ethical Boundaries in Attorney Communications: Lessons from Buenviaje v. Magdamo

The Supreme Court suspended a lawyer for calling an opposing party a "swindler" and "fugitive" in a letter to a bank, reminding attorneys that zealous advocacy has limits.

Lawyer’s Suspension for Malicious Statements: Ethical Limits in Client Representation

The Supreme Court suspended a lawyer for calling an opposing party a "swindler" and "fugitive" in a bank notice, reaffirming ethical limits on client zeal.

Can a Trustee Mortgage Property Without the Owner's Consent? Supreme Court Says No

Learn from a 2017 Supreme Court ruling why a trustee cannot mortgage trust property without the owner's consent, and the consequences for banks that fail to verify ownership.

When Banks Can Refuse Payment: B.P. 22 and Bank Closure in Cu v. SB Corp.

Supreme Court ruling on B.P. 22 liability when a bank is closed by the Monetary Board and placed under PDIC receivership.

Bank Closure Suspends Obligations: Impact on B.P. 22 Cases

When a bank is closed by the Monetary Board, obligations are suspended. This ruling explains why B.P. 22 charges may fail.

When Courts Overstep: The Limits of Relief in Telegraphic Transfer Disputes

Philippine Supreme Court clarifies that courts cannot award damages on issues never raised in pleadings, reinforcing due process in bank disputes.

Telegraphic Transfers and Bank Liability: Understanding the Limits of Negligence

The Supreme Court clarifies when a bank's duty ends in telegraphic transfers and why courts cannot rule on unpleaded negligence claims.

Estafa and Civil Liability: When Acquittal Doesnt Guarantee Freedom From Civil Claims

Explore the distinction between criminal acquittal and civil liability in estafa cases, and how banks can be held accountable.

Check Fraud Liability: When a Drawee Bank Can Recover From a Collecting Bank

Philippine Supreme Court clarifies when a drawee bank can avoid liability for unauthorized check payments and how drawers can recover directly from negligent collecting banks.

Bank Liability for Counterfeit Currency: Due Diligence and Customer Protection

When a bank releases counterfeit foreign currency, when is it liable for damages? The Supreme Court clarifies the standard of diligence.

Forged Endorsements and the Presumption of Delivery in Negotiable Instruments

A look at Asia Brewery v. Equitable PCI Bank on the presumption of delivery and when courts may dismiss for lack of cause of action.

Insurance Proceeds AND Corporate Rehabilitation Land Banks Obligation TO Reimburse

Forum Shopping and Probable Cause: Safeguards Against Abuse in Anti-Money Laundering Cases

The Supreme Court clarifies the limits of freeze orders and bank inquiries in AMLA cases, penalizing forum shopping and demanding real probable cause.