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 193216 of 491 articles for loan

Termination Due to Illness in the Philippines: Balancing Employer Rights and Employee Protection

The Supreme Court clarifies when employers may validly terminate employees due to disease, and the procedural due process required under Philippine labor law.

Restitution After Judgment Modification: Fairness in Executed Judgments

When the Supreme Court reduces damages after properties have been sold at execution, how are parties made whole? The Eserjose case explains restitution rules.

Breach of Public Trust: Official Position Cannot Shield Criminal Acts

Philippine Supreme Court affirms conviction of municipal treasurer for graft and estafa, ruling public office cannot shield criminal acts.

Mortgage in Good Faith: Banks vs Unregistered Land Sales in the Philippines

When does a bank lose protection as a mortgagee in good faith? The Supreme Court clarifies the rule on unregistered land sales.

Continuing Suretyship in the Philippines: Liability for Future Debts Explained

Learn how the Supreme Court upheld a surety's liability for future debts under a Continuing Suretyship, and when courts may reduce attorney's fees.

When an Agent's Mortgage Signed in Own Name Does Not Bind the Principal

A mortgage signed by an agent in a personal capacity, without indicating agency, binds only the agent, not the principal.

Surety Bonds Survive Debt Extension: Key Supreme Court Ruling on Article 2079

Extension of a principal's debt without a surety's consent does not automatically extinguish surety bonds, per the Supreme Court.

Extrinsic Fraud and Annulment of Judgment: What Litigants Must Know

The Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud, and explains the strict requirements for annulling a final judgment under Rule 47.

Breach of Fiduciary Duty Banks Must Uphold Transparency in Trust Accounts

Philippine Supreme Court ruling on Land Bank v. Oñate clarifies banks' fiduciary duties, transparency obligations, and liability for undocumented trust account withdrawals.

Premature Foreclosure: Protecting Mortgagors' Rights Before Default

Philippine Supreme Court rules that foreclosing a mortgage before the debtor defaults on the principal loan is void and ineffectual.

Breach of Contract and Banks' Liability: Understanding Hold Out Clauses in Deposit Agreements

When can a bank freeze a depositor's account? The Supreme Court explains the limits of "hold out" clauses in deposit agreements.

Writ of Possession After Foreclosure: When the Surplus Must Be Returned

Philippine Bank of Communications v. Yeung clarifies when a writ of possession issues after foreclosure and how sale surpluses are handled.

Maceda Law Protecting Installment Buyers From Improper Contract Cancellations

Learn how the Maceda Law protects installment buyers from improper contract cancellations and what the Supreme Court said about buyer rights.

Incidental Fraud Damages FOR Exclusion From Corporate Management

Explaining the Supreme Court's ruling in Tankeh v. DBP on incidental fraud, damages, and exclusion from corporate management.

When Checks Prove a Loan: The Supreme Court Ruling on Evidence of Indebtedness

The Supreme Court clarifies when checks alone establish a loan obligation and shift the burden of proof to the debtor under Philippine law.

Novation, Verification, and Real Party in Interest: Lessons from S.C. Megaworld v. Parada

Explaining when accepting third-party payments does not release the original debtor, and why procedural objections must be raised early.

When Business Downturns Lead to Employee Layoffs: Understanding Retrenchment Under Philippine Law

Learn the legal rules on retrenchment in the Philippines, including valid grounds, procedural requirements, and worker protections.

Upholding Client Loyalty Disciplinary Action FOR Attorneys Representing Conflicting Interests IN THE Philippin

A lawyer cannot represent opposing clients even in unrelated cases. The Supreme Court explains the rule on conflicting interests and its consequences.

Shared Responsibility: Apportioning Liability Between Carriers and Arrastre Operators for Cargo Damage

Philippine Supreme Court clarifies when carriers and arrastre operators share liability for damaged cargo, and the rules on subrogation and prescription.

Independent Civil Actions and Criminal Liability: Prejudicial Questions in Estafa Cases

When does a civil case suspend a criminal prosecution? The Supreme Court clarifies the prejudicial question rule in estafa cases.

Simulated Sales: When Intent to Transfer Ownership Is Absent

Philippine Supreme Court explains when a deed of sale is absolutely simulated and void, using Formaran v. Ong as a guide.

Fair Compensation in Land Reform: Upholding Valuation Standards in Agrarian Disputes

The Supreme Court clarifies that courts must follow DAR valuation formulas in agrarian reform cases, not subjective judgments.

Public Space vs Private Gain: When Loan Agreements Undermine Public Land Rights

Supreme Court rules loans secured by public plaza are void; public dominion property cannot be collateralized for commercial ventures.

Judicial Consignation: Paying a Loan When the Creditor’s Identity Is Unclear

When two entities claim the right to collect a debt, judicial consignation lets the debtor deposit payment in court and be released.