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Showing 1–24 of 56 articles for “collateral”

When a Bank's Letter of Guaranty Does Not Bind It to Pay: Planters Development Bank v. Fuerte

The Supreme Court ruled that a letter of guaranty must be read as a whole, and a bank may withhold payment when the collateral title is not clean.

Civil Registry Corrections Cannot Impugn Legitimacy or Filiation

The Supreme Court rules that Rule 108 petitions cannot be used to collaterally attack a child's legitimated status or the validity of a marriage.

Challenging Filiation: Birth Certificate Corrections and DNA Evidence in Philippine Law

Philippine Supreme Court rules filiation cannot be collaterally attacked via Rule 108 birth certificate correction petitions; DNA testing requires prima facie evidence.

Challenging Land Titles: Jurisdiction and Collateral Attacks Under Philippine Law

Philippine Supreme Court clarifies when courts may hear challenges to land titles, and when such actions amount to prohibited collateral attacks.

Protecting Land Titles: Collateral Attacks on Torrens Certificates in Property Disputes

Learn how the Supreme Court protects Torrens titles from collateral attacks in property disputes, and what this means for landowners facing title challenges.

When Can a Mother Challenge Child Legitimacy in the Philippines? The Ordoña Ruling

A mother cannot collaterally attack her child's legitimacy under Philippine law. The Supreme Court's Ordoña ruling explains why.

When Lawyers Borrow From Clients: Disbarment for Gross Misconduct in the Philippines

A Supreme Court ruling explains why a lawyer who borrows money from a client and uses a forged title as collateral faces disbarment for gross misconduct.

Lawyer Disbarred for Borrowing from Client and Using Fake Title as Collateral

Supreme Court disbars lawyer for gross misconduct: borrowing from client, presenting forged title, and issuing worthless checks.

Upholding Torrens Title When Tax Declarations Fail to Prove Ownership

The Supreme Court affirms that a Torrens certificate of title prevails over tax declarations, which do not prove ownership. Learn the rules on collateral attacks and prescription.

Quieting of Title as Direct Attack: Final Judgments and Property Claims in Philippine Law

Philippine Supreme Court clarifies that quieting of title is a direct attack on a certificate of title, not a prohibited collateral attack.

Quieting of Title in the Philippines: Direct vs. Collateral Attacks Explained

The Supreme Court clarifies when challenging a land title's validity is a direct attack, not a collateral one, in quieting of title cases.

Challenging Final Judgments: The Proper Legal Avenue for Annulment

Learn when a final judgment can be challenged through annulment under Rule 47, and why collateral attacks fail.

Unlawful Detainer: Tolerance vs. Right of Possession in Property Disputes

Philippine Supreme Court clarifies that in unlawful detainer cases, mere tolerance by the owner establishes possession, and ownership issues cannot be collaterally attacked.

Writ of Possession After Foreclosure: A Ministerial Duty, Not a Discretionary Act

The Supreme Court affirms that issuing a writ of possession after extrajudicial foreclosure is ministerial once the buyer consolidates ownership, regardless of collateral challenges.

Upholding Title Security: Collateral Attacks on Land Titles Face Strict Scrutiny

The Supreme Court reaffirms that Torrens titles, including those from emancipation patents, cannot be collaterally attacked, protecting landowners from indirect challenges.

Due Diligence Defined: Banks' Responsibility in Mortgage Transactions

The Supreme Court clarifies that banks must exercise higher due diligence than ordinary lenders before accepting property as mortgage collateral.

When Rate Challenges Come Too Late: Finality and Collateral Attacks in Utility Regulation

A Supreme Court ruling on Meralco's rates explains why regulatory decisions become final and cannot be attacked sideways.

MERALCO Rate Case: Supreme Court Upholds ERC’s Shift to Performance-Based Regulation

Supreme Court affirms ERC’s shift to PBR for setting MERALCO rates, barring collateral attacks on administrative regulations.

Citizenship Dispute in Disbarment Case Dismissed for Lack of Direct Attack

Disbarment case dismissed because citizenship cannot be attacked collaterally; direct action required.

Ejectment Actions Proving Unlawful Detainer After Contract Termination

Understand when a complaint for damages after foreclosure is a personal action, not a collateral attack on title, under Philippine law.

Finality of Judgment Prevails: When a Notice of Lis Pendens Can Be Cancelled

A Supreme Court ruling clarifies that only the court with jurisdiction over the main action may cancel a lis pendens, and final judgments cannot be collaterally attacked.

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.

Surety Agreements Upholding Liability Despite Principal Debtors Released Collateral

Maysilo Estate Dispute Upholding Torrens System Integrity IN Land Title Conflicts

Philippine Supreme Court ruling on Torrens title indefeasibility in unlawful detainer cases, protecting registered owners from collateral attacks.