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.
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Solidary vs Joint Obligations: When Liability Is Not Presumed in Philippine Law
Philippine Supreme Court clarifies that solidary obligations are not presumed; joint debtors are liable only for their proportionate shares.
Breach of Trust vs Estafa: Delineating Fiduciary Duty in Investment Transactions
When does an investment house's failure to return funds become estafa? The Supreme Court clarifies the line between fiduciary duty and mere debtor-creditor relations.
Dishonored Checks and Unpaid Debts: Why a Civil Case Does Not Always Stop a Criminal Charge
A civil collection suit does not automatically suspend a criminal case for violation of B.P. Blg. 22. The Supreme Court explains when a prejudicial question exists.
Novation Must Be Clear: Restructuring Agreements Do Not Automatically Extinguish Prior Obligations
Philippine Supreme Court ruling on when debt restructuring novates an obligation and when it merely modifies the original agreement.
Conjugal Property and Spousal Liability: Defining Benefit Under the Family Code
When can a spouse's personal debt be charged against conjugal property? The Supreme Court clarifies the Rule Under Article 122
Piercing the Corporate Veil: When Parent Companies Are Not Liable for Subsidiary Debts
Philippine Supreme Court clarifies when courts may pierce the corporate veil to hold parent companies liable for subsidiary obligations.
Bouncing Checks AND Broken Promises When IS A Debt A Crime
SPV Law Notice Requirements: Protecting Debtor Rights in Asset Transfers
Learn how the SPV Law's notice requirements protect debtors when banks transfer non-performing loans to special purpose vehicles.
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.
Contractual Obligations Prevail: Surety Liable Despite Principal Debtor's Insolvency
Supreme Court rules surety remains liable for corporate debts even after principal debtor is declared insolvent, upholding solidary obligations.
Surety Still Liable: Insolvency of Principal Debtor Does Not Extinguish Surety's Obligations
Philippine Supreme Court rules that a surety remains liable even if the principal debtor is declared insolvent. Learn the key principles from Gateway Electronics v. Asianbank.
Equitable Mortgage vs Sale: How Philippine Law Protects Landowners from Unfair Deals
The Supreme Court ruled that a deed of sale can be treated as an equitable mortgage, protecting landowners from transactions that secretly secure a debt.
Mortgage Validity Securing Loans VS Covering Unsubstantiated Debts
When a Sheriff's Delay Undermines Justice: Lessons from Zamudio v. Auro
A deputy sheriff's repeated extensions to a judgment debtor and failure to file reports led to a finding of simple neglect of duty, with a fine imposed by the Supreme Court.
Securing Debts When Penalty Fees Fall Outside Mortgage Coverage
When a real estate mortgage doesn't mention penalty fees, those charges may not be secured by the mortgage. Learn the rule from Spouses Viola v. Equitable PCI Bank.
Dacion en Pago Without Consent Cannot Nullify Debt Settlement
Philippine Supreme Court clarifies that dacion en pago requires mutual consent; a mere proposal or appraisal does not perfect the agreement.
Protecting Children's Rights, Conjugal Property, and Execution of Judgments
When can a conjugal property be sold to pay a spouse's personal debt? The Supreme Court clarifies the limits of execution against family assets.
Debt Recovery Execution: Waiver of Demand and Proving Overlevy
Learn when a sheriff's failure to demand payment is excused and how to prove overlevy in execution sales under Rule 39.
Compromise Agreements and the Limits of Technicalities in Enforcing Judgments
A debtor's repeated legal maneuvers cannot suspend the enforcement of a valid compromise agreement approved by the court. The Supreme Court clarifies the rules on execution and prescription.
Speedy Disposition of Cases: Balancing Rights With Reasonable Delay
In Bautista v. Auto Plus Traders, the Supreme Court acquitted an officer of bouncing-check charges and refused to hold him personally liable for corporate debts.
Pactum Commissorium Protecting Debtors From Unfair Foreclosure
The Supreme Court voided a dacion en pago that let a creditor automatically take mortgaged land, reaffirming the Philippine ban on pactum commissorium.
Supreme Court Suspends Lawyer for Willful Failure to Pay Just Debts
The Court ruled a lawyer's deliberate refusal to pay unpaid rent and utility bills constitutes gross misconduct warranting suspension from practice.
Bouncing Checks and Deceit: When Issuing a Bad Check Becomes Estafa
Philippine Supreme Court clarifies when issuing a bouncing check constitutes estafa, not just a civil debt, and explains the deceit requirement.