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 19 of 9 articles for article 1308

Upholding Mutuality in Loan Agreements: Scrutinizing Interest Rate Adjustments

The Supreme Court clarifies when a bank's interest rate adjustments in loan agreements are valid, reaffirming the principle of mutuality of contracts.

Mutuality of Contracts and Foreclosure Rights in Philippine Loans

Philippine Supreme Court clarifies that void interest stipulations do not invalidate foreclosure when the principal debt remains unpaid.

Unilateral Interest Rate Hikes When Banks Overstep Their Bounds In Loan Agreements

Philippine Supreme Court rules on void unilateral interest rate hikes by banks, mutuality of contracts, and foreclosure validity.

Breach of Contract: Enforceability of Employment Contracts Absent Actual Deployment

Philippine Supreme Court ruling on whether a perfected employment contract binds parties even without actual deployment, and which court has jurisdiction over breach claims.

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.

Preliminary Injunction and Foreclosure: When Mortgagors Can Stop a Sale

The Supreme Court clarifies when a mortgagor may obtain a preliminary injunction to stop an extrajudicial foreclosure sale.

Mutuality of Contracts: When One-Sided Termination Clauses in Employment Contracts Are Void

The Supreme Court explains when a termination clause that leaves dismissal to one party's sole judgment violates the mutuality principle under Article 1308 of the Civil Code.

Contract Validity and Enforceability: Lessons from Roblett v. Court of Appeals

A 1997 Supreme Court ruling on contract validity, authority to sign, and estoppel in Philippine obligations law.

Mutuality of Contracts: Why Banks Cannot Unilaterally Change Interest Rates

Philippine Supreme Court ruling explains why banks cannot unilaterally raise loan interest rates without borrower consent, citing mutuality of contracts.