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 169192 of 266 articles for banks

Legislative Inquiries vs Sub Judice: Balancing Congressional Power and Individual Rights

Explaining the Supreme Court's ruling in Romero v. Estrada on legislative inquiries, the sub judice rule, and witness rights.

Newspaper Circulation and Foreclosure: Ensuring Public Notice in Property Sales

Supreme Court nullifies foreclosure sale because notice was published in a newspaper not circulated in the city where the property was located.

Reconveyance Actions and Good Faith: Clarifying Property Rights in the Philippines

The Supreme Court explains res judicata and good faith in reconveyance actions, protecting banks that rely on court-issued titles.

Rehabilitation Petitions Technical Insolvency AND Creditors Rights IN Corporate Recovery

Philippine Supreme Court clarifies when a technically insolvent corporation may file for rehabilitation and how creditor rights are affected.

Continuing Surety Agreements: When a Surety Is Liable for Another's Loan

Philippine Supreme Court explains continuing surety agreements and when a surety becomes liable for a principal debtor's obligations.

Continuing Surety Agreements: When a Surety Stays Liable Despite Principal Default

Philippine Supreme Court ruling on continuing surety agreements and a surety's joint and several liability despite the principal debtor's default.

Conspiracy and Falsification: Probable Cause in Private Document Cases

How the Supreme Court clarified that conspiracy allegations in falsification cases need only probable cause at preliminary stages, not proof beyond reasonable doubt.

Fictitious Payee Rule and Bank Liability in Check Payments

When is a named payee "fictitious" under Philippine law? The Supreme Court explains who bears the loss when checks are paid without indorsement.

Altered Checks and Holder in Due Course Protection Under the Negotiable Instruments Law

Supreme Court ruling on drawee bank liability for altered checks and holder in due course protection under the Negotiable Instruments Law.

When a Financing Company Is Not a Mortgagee in Good Faith: Lloyd's Enterprises v. Dolleton

A financing firm that failed to inspect a mortgaged property cannot claim good faith. Learn the due diligence rule from this 2008 case.

Mutuality of Contracts: The Limits of Bank Discretion in Setting Interest Rates

Philippine Supreme Court clarifies that unilateral interest rate setting violates mutuality of contracts, but the principal loan obligation remains valid and enforceable.

BPI v. Reyes: Physical Evidence Prevails in Bank Deposit Dispute

Supreme Court explains preponderance of evidence in bank deposit disputes, ruling physical evidence outweighs bare testimony.

Bank Negligence and Fiduciary Duty in Handling Foreign Currency Deposits

Philippine Supreme Court ruling on bank liability for negligence in handling foreign currency time deposit pretermination and fiduciary duty.

Banks' Duty to Depositors: No Unilateral Freezing Without Court Order

Supreme Court rules banks cannot unilaterally freeze depositor accounts based on mere suspicion, reaffirming fiduciary duty to treat accounts with meticulous care.

Crossed Checks and Collecting Banks: Who Bears the Loss for Wrong Endorsement?

Learn when a collecting bank is liable for depositing a crossed check into the wrong account, and the duty to verify endorsements.

Cashier's Check as Bank's Primary Obligation: Holder in Due Course Rights

Philippine Supreme Court ruling on cashier's checks, holder in due course status, and bank liability explained in plain language.

Private or Public? COA Audit Authority Over Animal Welfare Societies

When is a corporation created by special law a government entity subject to COA audit? The Supreme Court clarifies the test.

Unauthorized Real Estate Mortgage: Strict Interpretation of Special Power of Attorney

When a special power of attorney fails to identify the exact property, a mortgage over it is unenforceable. The Supreme Court explains why banks must verify authority.

Equitable Mortgage VS Absolute Sale Protecting Property Rights IN Disguised Transactions

The Supreme Court nullifies a bank's foreclosure on property mortgaged without the owner's authority, reinforcing strict rules on special powers of attorney.

Unlock Loan Restructuring Benefits: Why Application Is Key Under Philippine Law

Philippine Supreme Court ruling on RA 7202 shows why filing an application is essential to claim loan restructuring and condonation benefits.

Strict Deadlines Matter Navigating SEC Appeals AND Corporate Liability FOR Unlicensed Brokers IN THE Philippin

When is a bank liable for breach of contract in a credit line dispute? The Supreme Court clarifies the rules on conditional loan approvals and the duty of banks to exercise prudence in dealing with re

Beyond the Title: Why Philippine Banks Must Investigate Loan Collateral Ownership

Philippine Supreme Court ruling on Omengan v. PNB clarifies banks' duty to investigate collateral ownership beyond the certificate of title.

When Courts Can Compel Disclosure of Foreign Currency Deposits in the Philippines

Philippine Supreme Court clarifies when courts may compel banks to disclose foreign currency deposits despite the secrecy rule under RA 6426.

Malicious Prosecution in Estafa Cases: When a Criminal Complaint Becomes a Tort

The Supreme Court clarifies when filing an estafa complaint without probable cause constitutes malicious prosecution, making the complainant liable for damages.