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 32 articles for creditors

Can Creditors Garnish Public Officials' Salaries? Supreme Court Says Yes

Public officials' salaries are not exempt from garnishment absent a specific law, the Supreme Court ruled, clarifying the limits of wage protection.

BSP Bank Closure Powers: What the Supreme Court Ruling Means for Depositors

The Supreme Court upheld the BSP's power to close banks without prior hearing, protecting depositors while limiting legal challenges.

Revival of Judgment in the Philippines: Who Are Indispensable Parties and When to File

Learn the rules on reviving a final judgment in the Philippines, including indispensable parties and the 10-year prescriptive period.

Foreclosure Suit as Sufficient Demand: Goldland Tower Ruling Explained

The Supreme Court clarifies when filing a foreclosure lawsuit itself serves as the legal demand required to put a debtor in default under Philippine law.

Conjugal Property Presumptions: Protecting Separate Assets from a Spouse's Debts

Learn how the Supreme Court protects separate property from a spouse's debts and what evidence overcomes the conjugal presumption.

Choice of Law Clauses in Cross-Border Contracts: The Standard Chartered Ruling

How Philippine courts resolve conflicting choice-of-law clauses in cross-border contracts, explained through the Standard Chartered Bank v. Philippine Investment Two ruling.

Enforcing a Philippine Judgment: Time Limits, Property Levies, and Revival

Learn the 5-year rule for executing judgments in the Philippines, how to revive a dormant judgment, and what property a sheriff can levy.

Oral Partition of Inheritance: Proving Verbal Agreements in Philippine Law

The Supreme Court clarifies when an oral partition of inherited property can override a written extrajudicial settlement, and what evidence is needed.

Solidary Liability and Interest Rates in Philippine Partnerships: Key Lessons from a Supreme Court Ruling

A look at a Supreme Court ruling on solidary liability, novation, and unconscionable interest rates in business loans and partnerships.

Spousal Liability for Debts in the Philippines: The Zapanta Case Explained

When can one spouse be held liable for the other's debts? The Supreme Court's ruling in Zapanta v. Rustan clarifies the rules on family property liability.

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.

Protecting Conjugal Property from a Spouse’s Personal Debts: Cordova v. Ty Explained

Can creditors seize conjugal property for one spouse’s personal debt? The Supreme Court’s ruling in Cordova v. Ty explains the limits.

Prescription Period for Oral Contracts: What Creditors and Debtors Must Know

The Supreme Court clarifies the six-year prescription period for oral contracts and why timely action is critical for creditors and debtors.

Ejectment Cases: Proving Tolerance and Co-Ownership Rights in Unlawful Detainer

Understand when unlawful detainer fails: proving tolerance, co-ownership rights, and the Quijano v. Amante ruling on possession.

When Checks Prove a Loan: The Supreme Court Ruling on Evidence of Indebtedness

The Supreme Court clarifies when checks alone establish a loan obligation and shift the burden of proof to the debtor under Philippine law.

Levy on Mortgaged Property in the Philippines: Sheriff's Duties Explained

Philippine Supreme Court clarifies that sheriffs may levy mortgaged properties to satisfy judgments, as debtors retain beneficial ownership until foreclosure.

Partnership vs. Loan in the Philippines: Profit-Sharing Terms Still Bind

Philippine courts look beyond contract labels to determine if a deal is a partnership or loan—but agreed profit-sharing terms remain enforceable either way.

Debt Recovery Execution: Waiver of Demand and Proving Overlevy

Learn when a sheriff's failure to demand payment is excused and how to prove overlevy in execution sales under Rule 39.

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.

Willful Failure to Pay Just Debts: Disciplinary Risks for Philippine Government Employees

Philippine public servants can face administrative discipline for willful failure to pay just debts, even after settlement. Learn the rules and risks.

Contractor’s Liens and Privity of Contract: Lessons from Jan-Dec Construction v. FTI

A contractor’s lien under Article 2242 has limits—privity of contract and the right remedy matter. Learn from Jan-Dec Construction v. FTI.

Family Home Exemption: When Creditors Can Seize Your Property in the Philippines

The family home exemption protects Filipino families from creditors—but not for debts incurred before the home was constituted. Learn the rules.

When Can a Lawyer Be Disciplined? IBP Jurisdiction Over Attorney Misconduct and Private Debts

A lawyer who ignores IBP orders can face sanctions even when the underlying complaint involves a private debt. Learn the rules.

Third-Party Claims in Philippine Execution Sales: Protecting Your Property

Learn how spouses and third parties can protect their property from wrongful execution sales in the Philippines, based on the Supreme Court's ruling in Naguit v. Court of Appeals.