Legal Insights

Banking Insolvency: When the Central Bank Can Close an Insolvent Bank

The Supreme Court upholds the Central Bank's power to close insolvent banks, explaining the legal meaning of insolvency and the limits of judicial review.

Deficiency Judgments in Philippine Foreclosure: Can Banks Recover More After Auction?

Philippine Supreme Court clarifies when banks can collect deficiency after extrajudicial foreclosure of real estate mortgages.

Demand NOT Always Needed When Philippine Banks CAN Foreclose Without Prior Notice

Philippine Supreme Court clarifies when banks may foreclose without prior demand, and limits on preliminary injunctions against foreclosure.

Breach of Contract and Banks Duty: Damages for Malicious Suspension of Credit Line

A bank that maliciously suspends a credit line breaches its contract and may be liable for damages, as the Supreme Court ruled in Republic Planters Bank v. Montinola.

Blood AS A Public Resource Upholding THE National Blood Services ACT AND ITS Phase OUT OF Commercial Blood Banks

Ejectment Actions and Contracts to Sell: Clarifying Possession Rights in Philippine Law

Philippine Supreme Court clarifies when a buyer under a contract to sell may be ejected, and the duties of banks purchasing properties.

When Banks Breach Fiduciary Duty: Liability for Unauthorized Withdrawals

Supreme Court ruling on bank liability for unauthorized withdrawals by employees, moral damages, and the fiduciary duty of banks to depositors.

Banks' Duty of Care: Liability for Unauthorized Withdrawals and Moral Damages

Philippine Supreme Court ruling on bank liability for unauthorized withdrawals, gross negligence, and awards of moral and exemplary damages.

DUE Diligence IN Real Estate Mortgage A Banks Duty TO Investigate Beyond THE Title

Bank Negligence and the Duty of Care in Handling Depositor Accounts

Philippine Supreme Court ruling on banks' fiduciary duty and liability for unauthorized withdrawals from depositor accounts.

Interest on Foreign Equity Investments in Closed Banks: The Pacific Banking Case

Explaining when interest accrues on foreign equity investments in a closed Philippine bank, and the rules on liquidating dividends.

Foreclosure AND Moral Damages Upholding Banks Right TO Possession BUT Requiring Fair Dealing

Banks Duty OF Care Unauthorized Debit AND Depositor Protection

Losing Your Day in Court: Understanding the Strict Rules of Appeal in Philippine Law

The Supreme Court clarifies that permanent injunctions cannot bar government banks from foreclosing mortgages, and explains the limits of moral damages.

Upholding Banks Right TO Withhold Benefits FOR Employee Misconduct A Case OF DUE Process AND Corporate Ethics

Supreme Court clarifies separation pay rules for business closures, quitclaim validity, and payment by check under Philippine labor law.

Unilateral Interest Rate Hikes: Mutuality of Contracts Prevails in Loan Agreements

Philippine Supreme Court rules banks cannot unilaterally raise interest rates without borrower consent, citing mutuality of contracts principle.

Standby Letters of Credit Stand Outside Corporate Rehabilitation Stay Orders

Philippine Supreme Court ruling on why standby letters of credit are not covered by rehabilitation stay orders and remain enforceable against issuing banks.

Upholding Client Trust: Attorneys' Duty of Diligence and Accountability

Banks must honor commitments in good faith; courts award temperate damages when actual loss can't be precisely proven.

Mortgage in Good Faith: How Banks Are Protected From Fraudulent Land Titles in the Philippines

Philippine Supreme Court ruling on how banks that accept mortgages in good faith are protected from forged or fraudulent land titles.

Protecting Subdivision Lot Buyers: The Need for HLURB Approval in Mortgage Agreements

A Supreme Court ruling explains why a developer's mortgage over subdivision lots is void without HLURB approval, and what this means for lot buyers and banks.

Banks' Fiduciary Duty to Protect Depositors' Funds: What the Law Requires

Philippine law imposes a strict fiduciary duty on banks to protect depositors' funds. This article explains the legal standards and consequences of breach.

When Corporate Notices Are Not Libel: The Novicio Case on Privileged Communication

A look at Novicio v. Aggabao, where the Supreme Court ruled that a corporate officer's notice to banks about changed signatories was not libel.

Gross Receipts Tax: When Withheld Interest Income Still Counts for Banks

Philippine Supreme Court ruling on whether the 20% final withholding tax on banks' passive income forms part of gross receipts for the 5% gross receipts tax.

Bank Negligence in Foreclosure: Damages and Attorney's Fees Reassessed

Philippine Supreme Court clarifies how courts compute actual, moral damages and attorney's fees when banks act negligently in foreclosure disputes.