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 124 of 24 articles for collection suit

Foreclosure Prescription: When Does a Bank's Right to Foreclose Expire?

Philippine Supreme Court clarifies that extrajudicial foreclosure filings do not stop the 10-year prescription period for mortgage actions under Article 1142.

Deficiency Claims After Mortgage Foreclosure: The Prieto v. BPI Ruling

Learn how the Supreme Court's Prieto v. BPI ruling protects borrowers from unproven deficiency claims after mortgage foreclosure in the Philippines.

Due Process and Summons: Supreme Court Ruling on Unresolved Motions for Reconsideration

The Supreme Court clarifies that ignoring a motion for reconsideration violates due process, while explaining how courts acquire jurisdiction over defendants.

Default Orders and Affidavit of Merit: Lessons from Far East Fuel v. Airtropolis

A default order can be lifted only with an affidavit of merit and proof of excusable negligence. Learn the rules from a recent Supreme Court ruling.

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.

Fraud and Writs of Preliminary Attachment: Lessons from a Philippine Supreme Court Ruling

When does non-payment of a debt amount to fraud justifying a writ of preliminary attachment? A recent Supreme Court ruling provides clear guidance.

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.

Corporate Dissolution Directors As Trustees and Guarantor Liability After Corporate Revocation

Explains Reyes v. Bancom: corporate revocation doesn't abate suits, directors act as trustees, and guarantors remain liable.

Revival of Judgment: Why It Must Be Filed with the RTC, Not the Court of Appeals

The Supreme Court clarifies that actions to revive a judgment must be filed with the Regional Trial Court, not the Court of Appeals.

Enforcement of Government Contracts: Recovery Allowed Despite Lack of Funds Certification

Supreme Court allows contractor recovery for government equipment leases despite missing funds certification, citing quantum meruit and equity.

Duplicate Originals as Evidence: When Photocopies Are Admissible in Philippine Courts

Philippine Supreme Court clarifies when duplicate originals are admissible evidence, reversing the Court of Appeals' exclusion of invoices in a collection case.

Trust Receipt vs. Loan: When a Security Agreement Becomes a Debt

Philippine Supreme Court ruling clarifies when a trust receipt arrangement is actually a loan, affecting liability and criminal exposure.

Arrastre Contractor Liability: When the P3,500-Per-Package Limit Does Not Apply

Philippine Supreme Court ruling on when arrastre contractors cannot invoke the P3,500 per-package liability limit under PPA Administrative Order No. 10-81.

Suspension of Claims Against Corporations Under Rehabilitation: Philippine Law Explained

Learn how corporate rehabilitation suspends all claims, including labor cases, under Philippine law, based on the PAL v. Zamora ruling.

Piercing the Corporate Veil in the Philippines: When Parent Companies Pay Subsidiary Debts

Philippine courts can hold parent companies liable for subsidiary debts when the subsidiary is a mere instrumentality. Learn the rules from General Credit v. Alsons.

Consolidation of Cases: Efficiency and Prevention of Conflicting Judgments

Philippine Supreme Court explains when courts may consolidate related cases to avoid conflicting judgments, save time, and promote swift justice.

Bound by Your Lawyer’s Mistakes? Client Responsibility Under Philippine Law

Philippine courts generally hold clients responsible for their lawyers' negligence. Only gross negligence that deprives a client of due process warrants relief.

Deficiency Judgments in Philippine Foreclosure: Can Banks Recover More After Auction?

Philippine Supreme Court clarifies when banks can collect deficiency after extrajudicial foreclosure of real estate mortgages.

Piercing the Corporate Veil: When Can a Parent Company Be Liable for Its Subsidiary's Obligations

Philippine Supreme Court explains the strict requirements for piercing the corporate veil and holding a parent liable for subsidiary obligations.

Attorney’s Lien in the Philippines: Can It Attach to Real Property?

Philippine law limits attorney’s liens to judgments and client documents—not land. Learn the rules from a Supreme Court ruling.

Suing a Deceased Person in the Philippines: Estate Claims and Legal Personality Rules

Can you sue a deceased person's estate in the Philippines? Learn the legal personality rules and proper probate procedure for collecting debts from an estate.

Legal Interest Rates in the Philippines: When Does 6% vs 12% Apply

Philippine Supreme Court clarifies when 6% or 12% legal interest applies—loans and forbearance versus other obligations. Learn the rules.

Continuing Surety Agreements Can Validly Cover Future Debts in the Philippines

Philippine Supreme Court clarifies that continuing surety agreements validly secure future debts, even if no principal obligation exists at signing.

Deducting Bad Debts in the Philippines: Proving Worthlessness for Tax Purposes

Philippine Supreme Court clarifies the strict requirements for deducting bad debts for tax purposes, emphasizing documentary proof of worthlessness.