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Showing 1–24 of 63 articles for “banking”

Islamic Banking in the Philippines: License Requirements and Sukuk Tax Rules

How to set up an Islamic bank in the Philippines under R.A. 11439, and how the BIR taxes sukuk gains, coupons, and documentary stamp tax.

Overvaluing Property When Does It Become A Crime Under Philippine Banking Laws

The Supreme Court clarifies when a bank appraiser's overvaluation of property becomes a crime under the General Banking Law, requiring proof of intent to influence the bank.

Loss of Trust in Banking Employment: The Prudent Man Standard for Termination

Philippine Supreme Court clarifies the standard for terminating bank employees for loss of trust, balancing employer diligence with employee rights.

Check Kiting and Actual Damages: Proving Real Loss in Banking Fraud

Supreme Court clarifies that banks must prove actual pecuniary loss to claim damages from check kiting schemes.

Judgment on Pleadings: When It Is Improper in Banking Disputes

Learn when judgment on pleadings is improper in banking disputes under Philippine rules, with practical guidance for litigants.

Certiorari as a Remedy: Exhausting Administrative Remedies in Banking Disputes

Learn when certiorari is proper in banking disputes and why exhausting administrative remedies remains a key requirement before court action.

Rehabilitation Plans and Creditor Rights: When Debt Restructuring Binds Secured Creditors

When can a rehabilitation plan force creditors to accept debt restructuring? The Supreme Court explains in China Banking v. St. Francis Square.

DOSRI Violations in Philippine Banking: Lessons from Apolinario v. People

The Supreme Court's ruling in Apolinario v. People clarifies DOSRI rules, insider lending limits, and director liability in Philippine banking.

Calculating Redemption Price in Extrajudicial Foreclosures: BPI v. LCL Capital Explained

Learn how Philippine courts compute redemption prices in bank foreclosures under the General Banking Law, based on the Supreme Court's ruling in BPI v. LCL Capital.

Res Judicata and Prescription in Banking Disputes: Key Lessons from Metrobank v. Spouses Uy

The Supreme Court clarifies when a prior judgment bars a later case and how prescription runs in collection suits involving dishonored checks.

Legal Standing and Procedural Remedies: Key Lessons From a Banking Dispute

A Supreme Court ruling on inordinate delay in preliminary investigation shows how procedural remedies and legal standing work in Philippine courts.

Property Transactions and Novation: Lessons from East West Banking v. Cruz

A Supreme Court ruling clarifies when a bank—or any party—can sue, and why choosing the wrong appeal can end a case.

Bank Manager Discretion and Personal Liability: Insights from Philippine Banking Law

When can a bank manager be personally liable for losses? The Supreme Court clarifies the limits of managerial discretion and solidary liability.

Garnishment and Legal Compensation in Banking: The BPI v. Central Bank Case

Learn how the Supreme Court ruled on bank liability, garnishment, and clearing house operations in BPI v. Central Bank.

Forged Check Nullifies Loan and Foreclosure: Lessons from PNB v. Giron-Roque

A forged check voids a loan and its foreclosure. Learn the banking diligence rules and borrower remedies from this Philippine Supreme Court case.

Bank Liability for Unauthorized Withdrawals: Upholding Fiduciary Duty in Banking Transactions

Philippine Supreme Court holds banks liable for honoring unauthorized withdrawals, reinforcing fiduciary duty and strict compliance with depositor instructions.

Revival of Judgment Prescription and Compliance in Banking Disputes

Explore the Supreme Court's ruling on the 10-year prescription period for reviving judgments, applied to a banking dispute.

Revival of Judgment: Prescription Periods and Banking Reorganization Duties

Explaining the Supreme Court's ruling on the 10-year prescriptive period for reviving judgments and its application to banking reorganization obligations.

Corporate Rehabilitation Stay Orders and Creditor Set-Offs: The Allied Banking v. SCP Ruling

When does a rehabilitation stay order bind creditors? The Supreme Court explains retroactivity, set-offs, and due process in Allied Banking v. SCP.

Employer Liability in Labor-Only Contracting: Allied Banking Corp. v. Calumpang

When a bank's janitorial contractor is a labor-only contractor, the bank becomes the true employer—liable for illegal dismissal claims.

Assignees of Bank Mortgagee Entitled to Shorter Redemption Period Under General Banking Law

Supreme Court rules assignees of a bank mortgagee benefit from the shorter three-month redemption period under the General Banking Law.

Breach of Trust: Upholding Termination for Unauthorized Disclosure and False Certifications in Banking

Philippine Savings Bank v. Barrera clarifies when banks may validly dismiss officers for breach of trust, unauthorized disclosures, and false certifications.

Surety Liability After Foreclosure: Carodan v. China Banking Corporation

When a bank releases a principal debtor's collateral, a surety may still be liable for the deficiency if the surety agreement expressly allows it.

Breach of Trust as Just Cause for Dismissal in Philippine Banking

Philippine Supreme Court ruling on when a bank branch head's breach of trust justifies dismissal under Article 282 of the Labor Code.