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Showing 1–24 of 55 articles for “loan agreement”

Equitable Mortgage Prevails When A Deed Of Sale Masks A Loan Agreement

When a deed of sale actually secures a loan, Philippine law treats it as an equitable mortgage. The Supreme Court explains the rules.

Upholding Mutuality in Loan Agreements: Scrutinizing Interest Rate Adjustments

The Supreme Court clarifies when a bank's interest rate adjustments in loan agreements are valid, reaffirming the principle of mutuality of contracts.

Sovereign Debt vs Constitutional Mandates: Balancing Loan Agreements With National Interests

The Supreme Court upheld two China-financed loan agreements, ruling on presidential immunity, Monetary Board concurrence, and procurement rules.

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers From Unfair Loan Agreements

When is a "sale with right to repurchase" really a loan? The Supreme Court explains equitable mortgage and pactum commissorium.

When Local Governance Meets Lending: Safeguarding Public Funds in Loan Transactions

Supreme Court clarifies when LGU loan agreements become "manifestly and grossly disadvantageous" under the Anti-Graft Law, acquitting local officials.

Unconscionable Interest Rates and Jurisdictional Amount in Loan Agreements

When does accrued interest count toward the jurisdictional amount? The Supreme Court clarifies in Domasian v. Demdam.

Loan Agreements and Dacion en Pago: Key Insights from a Landmark Philippine Supreme Court Ruling

The Supreme Court clarifies when a loan settlement agreement becomes a dacion en pago and what it means for borrowers and banks.

Navigating Unconscionable Interest Rates in Loan Agreements: A Guide for Borrowers

The Supreme Court affirms that courts may reduce unconscionable interest rates that violate the mutuality of contracts principle.

Unilateral Interest Rate Hikes When Banks Overstep Their Bounds In Loan Agreements

Philippine Supreme Court rules on void unilateral interest rate hikes by banks, mutuality of contracts, and foreclosure validity.

Understanding Loan Agreements and Foreclosure: Key Lessons from a Philippine Supreme Court Ruling

A Supreme Court ruling clarifies when banks may foreclose and how courts interpret loan agreements, credit lines, and restructuring contracts in the Philippines.

Loan Agreements and Interest Rates: Lessons from a Philippine Supreme Court Ruling

A Philippine Supreme Court ruling clarifies when banks may impose penalty charges and compound interest under loan restructuring agreements.

Understanding Acceleration Clauses in Loan Agreements: A Guide to Immediate Debt Repayment

The Supreme Court explains how acceleration clauses work in loan agreements, allowing creditors to demand full payment upon default.

Judicial Demand as Cure for Default and Foreclosure Rights in Loan Agreements

How filing a complaint can cure lack of extrajudicial demand, and why collection and foreclosure are mutually exclusive remedies.

Equitable Mortgage VS Sale Protecting Property Rights IN Loan Agreements

Estafa Corporate Liability vs Personal Liability in Loan Agreements

When is a corporate officer personally liable for estafa in a loan deal? The Supreme Court clarifies the line between criminal fraud and civil debt.

Unconscionable Interest: The Limits of Contractual Freedom in Philippine Loans

Philippine courts can strike down unconscionable interest rates in loan agreements. Learn the rules on excessive interest and how borrowers are protected.

Unilateral Interest Rate Setting in Loan Agreements: Mutuality of Contracts Under Philippine Law

Philippine Supreme Court ruling on unilateral interest rate setting in PNB loan agreements and the mutuality of contracts principle.

Solidary Liability in Suretyship: Partners' Obligations in Loan Agreements

Philippine Supreme Court ruling on solidary liability of partners and sureties in loan agreements, explained in plain language.

Indispensable Parties in Loan Disputes: The Land Bank v. Cacayuran Rule

Why failing to implead an indispensable party voids court rulings in loan agreement disputes, explained through Land Bank v. Cacayuran.

Breach OF Trust Dismissal FOR Dishonesty AND Misconduct IN Loan Agreement Violation

Checks and Balances: Authority and Liability in Loan Agreements

When a pre-signed blank check is used to secure a loan without the signer's authority, who bears liability? The Supreme Court clarifies.

Piercing the Corporate Veil in Loan Agreements: What the Supreme Court Requires

The Supreme Court clarifies when courts may pierce the corporate veil to hold stockholders personally liable for corporate loans.

Foreclosure Validity: Banks Can Foreclose Despite Disputed Loan Agreements

Supreme Court ruling on when banks may foreclose despite disputed interest rates, and the legal interest that applies after default.

When Loan Agreements Clash: Mutuality, Rescission, and the Limits of Bank Discretion

A Supreme Court ruling on when a bank's refusal to release loan proceeds amounts to a slight breach, not grounds for rescission.