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Showing 145–168 of 173 articles for “banks”

Mistaken Identity Banks Liability FOR Negligent Levy OF Property

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.

Gross Receipts Tax on Banks Includes Withheld Interest Income

Supreme Court rules the 20% final withholding tax on interest income forms part of a bank's gross receipts for gross receipts tax purposes.

Banks' Due Diligence in Foreclosure Sales and Rights of Land Reform Beneficiaries

A bank that forecloses on land without ocular inspection cannot eject land reform beneficiaries, as the Supreme Court ruled in Rural Bank of Sta. Ignacia v. Dimatulac.

Bank Negligence Bars Recovery: Solutio Indebiti and Unjust Enrichment in Check Clearing Errors

Supreme Court rules banks cannot recover funds lost to their own gross negligence in check clearing, explaining solutio indebiti and unjust enrichment.

Distinguishing Loan From Accommodation When Bank Negligence Leads to Liability

When is a deposit a loan or a mere accommodation? The Supreme Court clarifies the distinction and when banks face liability for employee negligence.

Accretion Rights and Land Ownership Along Riverbanks: Key Philippine Rules

Philippine Supreme Court explains how accretion rights along riverbanks determine land ownership, and why prior judgments bind future claims.

Liability FOR Negligence Banks Duty TO Exercise DUE Diligence IN Handling Remittances

COA Oversight and Private Auditors in Government Banks: The DBP Case

Supreme Court rules COA audit power over government banks is not exclusive; private external auditors may conduct concurrent audits.

Bearer Certificates: Banks Must Verify Payment and Prevent Loss

A bank that pays a bearer certificate of deposit without requiring surrender and indorsement remains liable to the true owner.

Piercing the Corporate Veil: When Foreclosure by Government Banks Is Not Fraud

The Supreme Court explains when foreclosure by government banks does not justify piercing the corporate veil, and why creditors cannot claim preferences outside liquidation.

Bank Liability in Foreign Exchange Transactions: The Reyes v. Far East Bank Standard

When are banks liable for dishonored foreign exchange drafts? The Supreme Court clarifies the diligence standard in Reyes v. Far East Bank.

Exhaustion of Administrative Remedies: Agency Prerogative and Orderly Legal Process

Explore how the Supreme Court upheld SEC disclosure rules for listed banks, clarifying the doctrine of exhaustion of administrative remedies.

Exhaustion of Administrative Remedies and SEC Jurisdiction Over Listed Banks

Supreme Court clarifies that listed banks must comply with SEC disclosure rules despite BSP supervision, explaining agency jurisdiction and administrative remedies.

Bank Negligence and Dishonored Checks: Protecting Your Reputation and Finances

Learn from the Firestone v. Luzon Development Bank case why non-negotiable instruments carry risks and how banks' duties apply.

Writ of Possession in the Philippines: When Can a Bank Take Your Property

Learn when banks can take property in the Philippines through writs of possession, and how agrarian reform rights affect foreclosure cases.

Bank Negligence in Clearing Checks: When Depositors Escape Liability

Supreme Court rules banks must follow clearing rules before allowing withdrawals, holding BPI liable for its own negligence in counterfeit check case.

Privity of Contract in the Philippines: Why Third Parties Are Not Bound by Your Agreement

Learn how privity of contract protects banks and third parties from obligations they never agreed to, explained through the Villalon case.

Lost Your Property to Foreclosure? Know Your Rights to Proper Notice in the Philippines

Learn how the Supreme Court protects borrowers from invalid foreclosure sales when banks fail to follow notice and publication rules.

When Banks Lose the Right to Collect: Estoppel in Foreclosure Deficiency Claims

When can a bank be barred from collecting a foreclosure deficiency? The Supreme Court explains estoppel's limits in PNB v. Court of Appeals.

Mandatory PCHC Arbitration for Bank Check Disputes in the Philippines

Philippine banks must settle check clearing disputes through PCHC arbitration before going to court, as explained in Allied Banking v. Court of Appeals.

The High Cost of Negligence: Why Banks Must Exercise Due Diligence in Mortgage Transactions

Philippine Supreme Court ruling on GSIS v. Salonga clarifies that banks and lending institutions cannot claim good faith by merely relying on titles.

Deposit Insurance Claims When Banks Fail Are Your Deposits Protected

Learn how PDIC deposit insurance works when a bank fails, and why a certificate of time deposit does not guarantee payment.

Loan Interest Rates CAN Banks Unilaterally Increase Them