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 491 articles for loan

Defining Construction Cost Interest Expenses and Reserved Units in Joint Development Agreements

Philippine Supreme Court clarifies what counts as actual construction cost in joint development agreements, excluding interest expenses from the computation.

Can a University Be Bound by Unauthorized Mortgages? Corporate Authority Explained

When can a corporation be bound by an officer's unauthorized acts? The Supreme Court explains in University of Mindanao v. Bangko Sentral ng Pilipinas.

Assignment of Mortgage and BSP’s Foreclosure Authority Hinges on Valid Deed

Philippine Supreme Court clarifies when a bank may foreclose a mortgage assigned to it, requiring a valid deed of assignment.

Breach of Trust Dismissal for Court Employee Accepting Money From Litigants

Supreme Court affirms dismissal of court clerk who accepted money from litigants to process bail bond, ruling it constitutes grave misconduct.

Loan Payments and Proof: When a Certification Can Tip the Scales in Debt Disputes

A car loan dispute shows how a certification of payment can shift the burden of proof in Philippine debt cases.

Unjust Enrichment in Lease Agreements When a Burnt Building Doesnt Excuse Rent

Philippine Supreme Court ruling on lessee liability for rent after a building on leased land burns down, explained in plain language.

Construction Contracts and Legal Interest: Determining Liability in Government Projects

The Supreme Court clarifies when 6% legal interest applies to unpaid construction claims against government agencies and local governments.

Resignation vs. Constructive Dismissal: When Leaving a Job Is Not Forced

The Supreme Court clarifies when a resignation is voluntary and not constructive dismissal, and which money claims belong in labor courts.

Perfected Contract of Sale When a Preliminary Agreement Becomes Binding

When does a preliminary agreement become a perfected contract of sale? The Supreme Court explains in this Philippine banking liquidation case.

Breach of Contract and the Limits of Bank Manager Authority: Apparent Authority in Real Estate Transactions

When does a bank branch manager's promise bind the bank? The Supreme Court explains apparent authority in Games and Garments Developers, Inc. v. Allied Banking Corporation.

Mortgage Foreclosure Absence of Special Power to Sell Invalidates Extrajudicial Proceedings

Philippine Supreme Court rules that extrajudicial foreclosure requires a special power to sell inserted in or attached to the mortgage deed, otherwise the proceedings are void.

Revocation and Renewal: Understanding Surety Obligations in Philippine Banking

When a continuing surety expires or is revoked, a bank cannot hold the surety liable for loans made after that point.

Upholding Finality: Supreme Court Reaffirms Requirements for Valid Motions for Reconsideration in Property Dis

Learn how the Supreme Court protected the finality of judgments and clarified the limits of appellate review in a property mortgage dispute.

Decoding Loan Payments: How Courts Apply Payments to Interest vs Principal in Philippine Law

Philippine Supreme Court clarifies how loan payments are applied to interest before principal, and when chattel mortgages cover future loans.

Understanding Documentary Stamp Tax on Trust Agreements: Insights from a Landmark Philippine Case

A Philippine Supreme Court ruling clarifies when documentary stamp tax applies to trust agreements and the evidence needed for tax refund claims.

Theft vs. Estafa: When Employee Misappropriation Is Not Estafa (Benabaye Doctrine)

The Supreme Court in Benabaye v. People clarifies when an employee's misappropriation of funds is theft, not estafa, based on possession.

Redemption Rights Clarifying Repurchase Price After Foreclosure Of Public Land

Supreme Court clarifies the repurchase price for foreclosed free patent land under Section 119 of the Public Land Act.

Enforceability of Incentive Bonuses When Promises Become Obligations

When do employer promises become enforceable obligations? The Supreme Court clarifies jurisdiction over training reimbursement claims and unpaid salary disputes.

Prescription in Anti-Graft Cases: When Does the Clock Start Ticking?

The Supreme Court clarifies when the prescriptive period for Anti-Graft Act violations begins, using a behest loan case as the backdrop.

Protecting Property Rights: Good Faith Purchasers vs Unregistered Claims

Philippine Supreme Court ruling on good faith purchasers, unregistered claims, and property rights under Article 1544 of the Civil Code.

Forged Signatures and Void Contracts: Protecting Property Rights in the Philippines

When is a deed of sale actually a mortgage? The Supreme Court explains equitable mortgage, forged signatures, and pactum commissorium.

Good Faith vs Actual Knowledge: Resolving Land Disputes in the Philippines

Philippine Supreme Court ruling on finality of judgments, petitions for relief, and banks' duty of diligence in land mortgage disputes.

Written Stipulation Is Key: Enforceability of Loan Interest Agreements in the Philippines

Philippine Supreme Court clarifies when 12% interest applies versus 6% in construction disputes, emphasizing written stipulations.

Mutuality of Contracts: When Banks Cannot Unilaterally Raise Interest Rates

Philippine Supreme Court ruling on Silos v. PNB explains why unilateral interest rate hikes violate the mutuality principle in loan contracts.