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.
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Bank Negligence in the Philippines: The BDO v. Seastres Case on Extraordinary Diligence
When banks fail to exercise extraordinary diligence, they can be held fully liable for unauthorized withdrawals, as the Supreme Court ruled in BDO v. Seastres.
Subrogation and Carrier Liability in Maritime Claims: The C.V. Gaspar Case
How the Supreme Court applied subrogation and extraordinary diligence to hold carriers liable for damaged cargo in maritime transport.
Bank Liability and Depositor Rights: Fiduciary Duties in the Philippines
The Supreme Court affirms that banks owe depositors extraordinary diligence, and a bank cannot escape liability for its employees' unauthorized acts.
Common Carriers and Stolen Goods: The Extraordinary Diligence Standard in the Philippines
Philippine law holds common carriers liable for stolen goods unless theft involved grave threat or irresistible force. Learn the extraordinary diligence standard.
Extraordinary Diligence: Carrier Liability for Misdelivered Goods
When a courier delivers to the wrong person, the shipment is legally "lost." The Supreme Court explains carrier liability and the limits of air waybill exemptions.
Extraordinary Diligence and Presumed Negligence in Common Carrier Accidents
A bus company's duty of extraordinary diligence extends beyond passengers to other road users, and traffic violations create a presumption of negligence.
Breach of Contract and Nominal Damages When Extraordinary Diligence Falls Short
When a shipper breaches a contract but the insurer fails to prove actual loss, the Supreme Court awards nominal damages instead.
Passenger Duty of Diligence in Verifying Flight Details: Manay v. Cebu Air
The Supreme Court ruled that passengers must exercise ordinary diligence in checking flight details on tickets, even as airlines owe extraordinary diligence.
Common Carriers and Passenger Safety: Defining the Scope of Liability
The Supreme Court clarifies when a bus company is liable for a passenger's death caused by a co-passenger, distinguishing extraordinary diligence from ordinary care.
School Bus Operators Are Common Carriers: Extraordinary Diligence and Liability for Student Safety
A school bus operator is a common carrier bound by extraordinary diligence. The Supreme Court explains liability for student deaths.
Bank Negligence and Crossed Checks: Protecting Payees in Financial Transactions
When banks accept crossed checks without proper indorsement, they breach their duty of extraordinary diligence to the payee.
Common Carrier Defined: Resort Ferry Service Under Passenger Safety Rules
Supreme Court ruling that resort ferry services are common carriers, bound by extraordinary diligence for passenger safety.
Extraordinary Diligence IN Enforced Disappearances THE Burgos Case AND THE Writ OF Amparo
Bank Liability for Encashing Irregular Checks: The Philippine Racing Club Case
When must a bank verify checks before encashing them? The Supreme Court clarifies banks' duty of extraordinary diligence and the last clear chance doctrine.
Delsan Transport v. American Home Assurance: Common Carrier Liability and Delivery of Goods
Explaining Delsan Transport v. American Home Assurance on common carrier extraordinary diligence, delivery of goods, and liability for spillage.
Extraordinary Diligence of Common Carriers: Liability for Cargo Loss in Fortuitous Events
When is a common carrier liable for lost cargo during a storm? The Supreme Court clarifies the rule on extraordinary diligence and fortuitous events.
Extraordinary Diligence in Cargo Delivery: Common Carrier Responsibilities and Liabilities
Philippine Supreme Court clarifies common carrier extraordinary diligence standards in cargo delivery disputes, balancing shipper protections with carrier defenses.
Carrier Liability for Passenger Safety: Extraordinary Diligence in Public Transportation
Philippine Supreme Court clarifies common carrier liability, extraordinary diligence, and delivery standards in breach of contract cases.
Carrier Liability for Cargo Damage: The Duty of Extraordinary Diligence Under Philippine Law
Philippine Supreme Court ruling on common carrier liability for cargo damage, extraordinary diligence, and the limits of actual damages claims.
Defining Common Carrier: Liability for Cargo Loss Due to Negligence
Philippine Supreme Court clarifies common carrier status and extraordinary diligence in cargo loss cases, citing Asia Lighterage case.
When Is a Shipping Company a Common Carrier? Lessons from Philamgen v. PKS Shipping
A Supreme Court ruling clarifies when a shipping firm is a common carrier and how extraordinary diligence affects liability for lost cargo.
Defining the Boundaries of a Common Carrier When Transportation Duties Imply Extraordinary Diligence
A customs broker who transports goods as part of its business is a common carrier bound by extraordinary diligence under Philippine law.
When Is a Customs Broker a Common Carrier? The Transorient Container Case
A customs broker who transports goods as part of its business is a common carrier bound by extraordinary diligence under Philippine law.
Common Carriers and Passenger Safety: The Standard of Extraordinary Diligence in Philippine Law
Philippine law requires common carriers to exercise extraordinary diligence in ensuring passenger safety. This article explains the legal standard and its practical implications.