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Showing 145–168 of 172 articles for “deposit”

Buy-Bust Operations and the Presumption of Regularity: Balancing Law Enforcement and Individual Rights

Philippine Supreme Court ruling on buy-bust operations, presumption of regularity, and the limits of depositions in criminal cases.

Negligence in Court Duties: Releasing Funds Without Proper Authorization

Court cash clerk fined for releasing deposited funds without court order, highlighting strict accountability standards for judicial employees.

Bank Liability for Premature Foreclosure and Dishonored Deposits

When can a bank be liable for damages? The Supreme Court rules on premature foreclosure, dishonored checks, and bad faith.

Sheriffs Duty and Expense Advancement When a Writs Execution Hinges on Plaintiffs Action

A sheriff cannot personally collect execution expenses from a party-litigant; Rule 141 requires court-approved deposits with the clerk of court.

Acceptance Over Refusal When Depositing A Check Establishes Tender OF Payment

A creditor who accepts and deposits a fully funded check tendered as payment cannot later treat it as a deposit. Philippine Supreme Court ruling explained.

Bank Negligence and Damages: When a Dishonored Check Does Not Mean Compensation

The Supreme Court ruled that a bank's error in assigning a wrong account number caused a check dishonor, yet the depositor still recovered nothing. Here is why.

Litis Pendentia and Forum Shopping: When Two Cases Arise From the Same Facts

The Supreme Court explains when litis pendentia and forum shopping apply, using a bank deposit dispute as an example.

Premature Deposition: Balancing Due Process and Discovery in Civil Litigation

When can a party take a deposition before all defendants answer? The Supreme Court explains the rule on premature depositions.

Banking Negligence Claims: Depositors Must Prove Unauthorized Transactions

Supreme Court ruling clarifies that depositors claiming unauthorized withdrawals must prove forgery or fraud, not just allege bank negligence.

Court Funds in Personal Accounts: A Lesson in Public Fiduciary Duty

Court employee fined for depositing court-entrusted funds in personal account. A lesson on public trust and ethics.

Decoding Marginal Deposits: How Contract Clarity Prevents Banking Disputes in the Philippines

Learn from Security Bank v. Transworld how ambiguous trust receipt terms on marginal deposits led to a decade-long dispute.

Escheat of Unclaimed Bank Deposits in the Philippines: Procedure and Due Process

Learn how Philippine escheat law works for unclaimed bank deposits, why publication is required, and why certiorari cannot replace a missed appeal.

Sheriff's Duty in Property Attachment: Custody Rules and Misconduct Liability

Philippine Supreme Court clarifies sheriff's duty to keep attached property in custody, not deposit it with the plaintiff.

Strict Adherence to HRET Rules: Why Overlooking Cash Deposits Can Dismiss Your Election Case

Learn how failing to follow HRET rules on cash deposits and appeal bonds can lead to the dismissal of an election case.

Sheriff Misconduct: Why Proper Handling of Sheriff's Fees Is Crucial in Philippine Courts

A sheriff who collects fees without court approval and deposit violates Rule 141. Learn the rules and consequences.

Bank Liability for Negligence in Protecting Depositors in Foreign Currency Transactions

Philippine Supreme Court ruling on bank liability for negligence in foreign currency deposit withdrawals and the duty to protect depositors.

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.

Expropriation and Writ of Possession: What the 1997 Rules Changed

Learn how the 1997 Rules of Court streamlined expropriation, making writs of possession ministerial upon deposit of assessed value.

Expropriation in the Philippines: Provisional Deposit and Writ of Possession Explained

Understand how the 1997 Rules on expropriation allow the government to take property upon depositing assessed value, and what this means for owners.

Bouncing Checks as Guarantees in the Philippines: BP 22 and Criminal Liability

Philippine Supreme Court clarifies that checks issued as guarantees or deposits still fall under BP 22 criminal liability when dishonored.

Breach of Trust When Lawyers Misappropriate Client Funds: Docena v. Limon

When a lawyer takes client money meant for court deposit but keeps it, the Supreme Court may impose the ultimate penalty: disbarment.

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.

Accountability in Judiciary Funds: A Practical Guide for Court Personnel

Philippine Supreme Court ruling on JDF and Fiduciary Fund mishandling clarifies deposit rules, interest accounting, and court personnel liability.

Foreign Currency Deposits: Balancing Secrecy and Justice in the Philippines

The Supreme Court ruled that foreign currency deposit secrecy cannot shield a transient alien's funds from satisfying a judgment for heinous crimes against a Filipino minor.