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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Corporate Residence for Insolvency Cases: Actual Office Location Prevails
The Supreme Court clarifies that for insolvency venue, a corporation's actual principal office, not its Articles of Incorporation, determines residence.
PDIC Role in Bank Insolvency Cases: Representative, Not Substitute Party
Explains Balayan Bay Rural Bank v. NLDC, clarifying PDIC's role as representative party, not substitute, in suits involving closed banks.
Bank Deposit Secrecy: Upholding Depositor Rights in Insolvency Proceedings
The Supreme Court rules that a corporation's bank deposits stay confidential in insolvency unless the depositor gives written consent to waive secrecy.
Bank Deposit Secrecy in Insolvency: Creditors Cannot Waive a Debtor's Rights
Supreme Court rules creditors cannot waive an insolvent debtor's bank deposit secrecy rights without the debtor's written consent or receiver's conformity.
Execution Pending Appeal and Surety Liability: The Imminent Danger of Insolvency Standard
When can a judgment be executed before appeal is final? The Supreme Court clarifies the "good reasons" standard and a surety's exposure on an injunction bond.
Rehabilitation Denied When Financial Realities Override Corporate Rescue
The Supreme Court clarifies when corporate rehabilitation is not available—mere illiquidity qualifies, but irreversible insolvency with speculative plans does not.
Rehabilitation Petitions Technical Insolvency AND Creditors Rights IN Corporate Recovery
Philippine Supreme Court clarifies when a technically insolvent corporation may file for rehabilitation and how creditor rights are affected.
Contractual Obligations Prevail: Surety Liable Despite Principal Debtor's Insolvency
Supreme Court rules surety remains liable for corporate debts even after principal debtor is declared insolvent, upholding solidary obligations.
Surety Still Liable: Insolvency of Principal Debtor Does Not Extinguish Surety's Obligations
Philippine Supreme Court rules that a surety remains liable even if the principal debtor is declared insolvent. Learn the key principles from Gateway Electronics v. Asianbank.
Cashier's Checks and Bank Insolvency: When a Holder's Claim Is Not a Preference
A depositor's unpaid cashier's checks from a failed bank are disputed claims in liquidation, not automatic preferences. The Supreme Court explains why.
Corporate Directors Duty Protecting Creditors IN Insolvency
Banking Insolvency: When the Central Bank Can Close an Insolvent Bank
The Supreme Court upholds the Central Bank's power to close insolvent banks, explaining the legal meaning of insolvency and the limits of judicial review.
Finality of Judgment vs Insolvency Proceedings: Protecting Creditors' Rights
Philippine Supreme Court clarifies when a final and executory judgment prevails over insolvency stay orders, and the proper remedy for assignees.
Contractor's Lien vs. Insolvency: Enforcement Rights in Construction Disputes
The Supreme Court clarifies when a contractor's lien under Article 2242 of the Civil Code can be enforced, and the proper remedy for wrongful attachment.