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Showing 169–192 of 346 articles for “loan”

Bank Liability for Loan Proceeds: Third Party Beneficiaries and Breach of Contract

When is a bank liable to a third party for loan proceeds? The Supreme Court clarifies the limits of bank liability and third-party beneficiary claims.

Bank Not Subsidiarily Liable for Loan Proceeds Released to Borrower

Supreme Court rules banks are not automatically liable when loan proceeds go to a borrower instead of a third-party seller.

Bank Not Liable for Employee's Promise to Seller: Relativity of Contracts in Loan Proceeds Release

Supreme Court rules bank not subsidiarily liable for employee's alleged promise to pay seller directly from loan proceeds, citing relativity of contracts.

Bank Not Subsidiarily Liable Without Clear Obligation: Prudential Bank v. Abasolo

Supreme Court rules a bank is not subsidiarily liable for a loan officer's alleged promises absent a clear obligation or written request.

Dbps Liability Balancing Loan Obligations AND Fiduciary Duties IN Hotel Project Financing

Novation Requires Clear Agreement: Loan Restructuring and Foreclosure Rights

Supreme Court clarifies that accepting partial payments does not automatically novate a loan, and banks may still foreclose on defaulted mortgages.

Foreclosure Validity Loan Default AND Extrajudicial Process Under ACT 3135

Unfulfilled Promises Foreclosure Rights AND THE Persistence of Original Obligations IN Philippine Law

A Supreme Court ruling explains when a new promise to pay does not extinguish an original loan and mortgage obligation.

Subrogation Rights Protecting Banks in Loan Agreement Reversals

When a bank pays another party's debt, legal subrogation may let it recover. Learn how the Supreme Court applied this rule.

Blanket Mortgage Clause: Redemption Rights and Foreclosure Limits Explained

Learn how a blanket mortgage clause affects redemption rights, future loans, and foreclosure obligations under Philippine law.

Trust Receipts vs Loan Agreements: When Misuse of Funds Is Not Estafa

The Supreme Court clarifies when a trust receipt arrangement is actually a simple loan, and why criminal liability for estafa does not follow.

Written Stipulation Is Paramount: Examining Interest Rate Agreements in Loan Contracts

The Supreme Court clarifies when interest rates bind borrowers and when the 12% legal rate applies instead.

Mortgage Foreclosure: Why a Bank Can Foreclose Despite Loan Transfer Doubts

Supreme Court ruling on when a bank may foreclose mortgaged property even if the borrower questions the assignment of loan receivables.

Contractual Obligations: Interpreting Intent and the Parol Evidence Rule in Loan Agreements

When a loan agreement's terms are clear, courts enforce the written word—not verbal promises. The Supreme Court explains why in Norton Resources v. All Asia Bank.

Unconscionable Interest Rates: When Courts Step In to Protect Borrowers

Philippine courts can reduce excessive loan interest rates. Learn how the Supreme Court protected borrowers from unconscionable terms.

When Loan Restructuring Terms Must Be in Writing: The Marcopper Case

A Supreme Court ruling on why unwritten conditions in loan restructuring cannot be enforced, and the binding nature of written agreements.

Unjust Refusal of Payment: When Creditors Must Accept Loan Proceeds

Explaining when a creditor's unjust refusal to accept payment has legal consequences, and why tender and consignation still matter under Philippine law.

Interest Rate Disputes Contractual Agreements VS Legal Modifications IN Philippine LAW

Philippine Supreme Court rules on contractual interest rates, legal modifications, and judicial intervention in private loan agreements.

Novation and Loan Enforceability: When a Verbal Change Makes a Debt Due

Explaining how a verbal agreement to start paying early can novate a loan's conditions, making it due and demandable under Philippine law.

When Is a Board Resolution Required for a Corporate Loan? Key Rules

Philippine Supreme Court clarifies when corporate by-laws can authorize a president to borrow money without a board resolution.

Piercing the Corporate Veil: When a Corporation Cannot Escape Its Loan Obligations

The Supreme Court explains when courts may disregard corporate fiction to hold a corporation liable for loans received by its affiliates and alter egos.

Sugar Mill Loans: When Contract Terms Define Government's Right to Recover Funds

Supreme Court ruling on condonation scope in sugar mill loans, clarifying when banks and government can apply deposits to unpaid obligations.

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.

Redemption Rights When A Sale Disguises A Loan Equity Prevails

When a bank finances a subdivision project, it cannot ignore buyers who already paid for lots. The Supreme Court explains why.