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Showing 1–19 of 19 articles for “guaranty”

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.

When a Surety Bond Must Be Honored: Cellpage v. Solid Guaranty Explained

The Supreme Court clarifies when a surety is liable despite no written principal contract, and how bank errors affect obligations.

Surety Bonds and Written Principal Agreements: What the Supreme Court Says

When is a written principal agreement required before a surety bond can be enforced? The Supreme Court clarifies the rule in Cellpage v. Solid Guaranty.

Loan Assignment vs Guaranty: Bank Liability for Assigned Loan Proceeds

When is a bank liable for assigned loan proceeds? The Supreme Court clarifies the difference between assignment and guaranty.

Understanding Contracts TO Sell: Key Insights From a Landmark Philippine Supreme Court Ruling

A Philippine Supreme Court ruling clarifies when a contract is an assignment, not a guaranty, and the limits of apparent authority.

Standing to Sue: Why Outsiders Can't Question Court Decisions in Philippine Law

Learn why only parties with legal standing can challenge court decisions in the Philippines, based on Home Guaranty Corp. v. R-II Builders.

Bank Certification Letters Are Not Guarantees: Lessons from Bank of Commerce v. Goodman Fielder

When is a bank's certification letter a binding guaranty? The Supreme Court clarifies the rules on apparent authority and contractual interpretation.

Continuing Security: How Future Debts Can Affect Real Estate Mortgages in the Philippines

The Supreme Court explains how a real estate mortgage can secure future loans, not just the original debt, through continuing guaranty clauses.

Guaranty Obligations DBP's Liability Despite Supplier Change

Supreme Court rules on guaranty liability when supplier changes, implied approval, and burden of proof in payment claims.

Implied Consent in Guaranty Agreements: When Silence and Conduct Affirm Liability

When does silence make someone a guarantor? The Supreme Court explains how conduct can imply consent to a guaranty agreement.

When Silence Means Consent: Guaranty, Estoppel, and the Written Word in Philippine Law

A guarantor's silence and nod can mean consent. The Supreme Court explains estoppel and why written words prevail over printed ones.

Conjugal Partnership and Surety Agreements: When a Spouse's Guaranty Does Not Bind the Family

When a husband signs a surety agreement for a third party, the conjugal partnership is not automatically liable. Here's why.

Philippine Guaranty Law: Sureties Liable Even Without Dishonor Protest

Philippine Supreme Court ruling clarifies that guarantors and sureties remain liable on discounted export bills even without a formal protest of dishonor.

Guaranty vs Direct Liability: Who Pays the Debt When Loans Go South

Philippine law distinguishes guaranty from direct liability. Learn who pays when a borrower defaults and what this means for creditors and guarantors.

When a Surety’s Guaranty Does Not Bind the Conjugal Partnership: The Ching Case

The Supreme Court clarifies when a spouse's suretyship binds the conjugal partnership, and the rights of a wife to challenge an attachment.

Surety Agreements for Future Debts: Validity Under Philippine Law

Philippine Supreme Court ruling on suretyship for future debts, continuing guaranty, and surety liability despite principal debtor's rehabilitation.

Personal Surety Liability vs Corporate Rights: When Banks Lose Their Claim

A bank's unauthorized extension of credit deadlines releases personal sureties from liability, even when they signed a continuing guaranty.

Surety Liability Survives Loan Extensions Under Continuing Guaranty

Philippine Supreme Court ruling on whether loan extensions without a surety's consent extinguish liability under a continuing guaranty.

Surety vs. Guaranty in Philippine Law: Key Differences and Liability

Learn the difference between surety and guaranty under Philippine law, and why contract wording—not titles—determines your liability.