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Showing 1–20 of 20 articles for “collection suit”

When Filing Two Property Lawsuits Is Not Forum Shopping: The Hocorma Ruling

The Supreme Court clarifies when filing both an ejectment case and a collection suit over the same property does not constitute forum shopping.

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.

Understanding the Prohibition Against Splitting a Cause of Action in Loan and Mortgage Cases

A Supreme Court ruling clarifies when a bank cannot file both foreclosure and collection suits for the same loan obligation.

Unproven Claims Authenticating Private Documents IN Construction Disputes

A construction company's collection suit failed because it did not authenticate its private documents. Learn the authentication rules.

Splitting Causes of Action: When a Landowner Can File Separate Suits for Unpaid Rent and Ejectment

The Supreme Court clarifies that a landowner may file a separate collection suit for unpaid rent that accrued before the tenant’s possession became unlawful, without violating the rule against splitti

Final Liquidation Court Orders Prevail Over Collection Suits: Solidbank v. CA

A final liquidation court order cannot be overturned by a trial court in a separate collection suit, explains the Supreme Court in Solidbank v. CA.

Litis Pendentia: When Foreclosure Bars a Later Collection Suit

A mortgage creditor cannot file foreclosure and collection suits for the same debt. The Supreme Court explains litis pendentia and its limits.

Default Admissions in Philippine Civil Cases: The Go Tong Ruling on Loan Documents

A general denial does not defeat a loan claim. Learn how Rule 8 admissions shape collection suits in the Philippines.

When a Deceased Defendant Is Named in a Collection Case: Jurisdiction and Solidary Liability Rules

A Supreme Court ruling clarifies what happens when a defendant dies before a collection suit is filed, and how solidary obligations affect the case.

Rehabilitation Proceedings and Claims: When a Stay Order Bars Separate Collection Suits

A Supreme Court ruling explains how corporate rehabilitation stay orders bar separate collection suits and bind creditors to approved rehabilitation plans.

When May a Court Excuse a Late Pre-Trial Brief? BPI v. Dando

The Supreme Court relaxed a mandatory procedural rule to let a bank pursue its collection suit, showing when courts may excuse a late pre-trial brief.

Substitution of Evidence: Balancing Justice and Procedural Rules in Contract Disputes

When a bank filed a collection suit with an altered surety agreement, the Supreme Court ruled on substituting evidence and amending pleadings.

Dishonored Checks and Unpaid Debts: Why a Civil Case Does Not Always Stop a Criminal Charge

A civil collection suit does not automatically suspend a criminal case for violation of B.P. Blg. 22. The Supreme Court explains when a prejudicial question exists.

Rehabilitation Proceedings and Contractual Obligations: Balancing Creditor Rights and Corporate Recovery

Philippine Supreme Court ruling on suspension of collection suits during corporate rehabilitation proceedings under PD 902-A.

Defective Summons and Corporate Rehabilitation: Voluntary Submission to Court Jurisdiction

When defective service of summons can be cured by a party's own actions, and how corporate rehabilitation stay orders affect collection suits.

Surety Bonds, Deficiency Claims, and the Burden of Proof in Collection Suits

The Supreme Court clarifies when a demand for payment is valid and what evidence creditors must present to collect a deficiency after foreclosure.

Sequestration vs. Attachment: Resolving Jurisdictional Conflicts Over Corporate Assets

When a sequestered company faces a collection suit, which court prevails? The Supreme Court clarifies the boundaries between PCGG sequestration and RTC attachment.

Preliminary Attachment and Corporate Officer Liability in Fraud-Based Collection Cases

Learn when Philippine courts allow preliminary attachment for fraud and when corporate officers face personal liability in collection suits.

When BIR Regional Directors Can File Tax Collection Cases: The Hizon Ruling

Philippine Supreme Court clarifies BIR regional directors' authority to file tax collection suits and the prescription rules under the NIRC.

Jurisdiction Over Foreign Corporations: When Philippine Courts Can Hear Your Case

Philippine courts cannot assert jurisdiction over foreign corporations not doing business in the country, even in collection suits involving local parties.