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.
Deficiency Claims After Mortgage Foreclosure: The Prieto v. BPI Ruling
Learn how the Supreme Court's Prieto v. BPI ruling protects borrowers from unproven deficiency claims after mortgage foreclosure in the Philippines.
Res Judicata Bars Relitigation of Contract Validity in Loan Disputes
The Supreme Court clarifies when a dismissal order bars a second lawsuit on the same loan contract under res judicata.
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.
Unveiling Simulated Contracts When Loans Mask True Intentions in Philippine Law
Philippine Supreme Court clarifies when credit line agreements are simulated contracts, and how courts uncover the true intent behind loan documents.
Simulated Loan Contracts and Surety Liability: Lessons from ATCI v. Asset Pool A
A Supreme Court ruling on simulated loan contracts shows when a surety agreement falls with the void principal obligation.
Extinctive Novation: When a New Loan Cancels an Old Debt and Invalidates Foreclosure
Philippine Supreme Court ruling explains how extinctive novation cancels old debts and why foreclosing on extinguished obligations is premature and void.
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.
The Fiduciary Duty of Banks in Loan Accounting: A Guide to Metrobank v. Cruz
The Supreme Court affirms that banks owe clients a fiduciary duty to keep accurate loan records and render full accounting, beyond any internal retention policy.
MCLE Disclosure Failures: Cruz v. Onshore Strategic Assets and Case Dismissal
A lawyer's failure to disclose MCLE compliance in pleadings can lead to dismissal of the case, as Cruz v. Onshore Strategic Assets shows.
Implied Trusts and Co-Ownership: Hidden Property Rights in Family Lending Businesses
When a family lending business buys property under one sibling's name, an implied trust may preserve everyone's share.
Forged Deeds and Imprescriptible Rights: Protecting Land Ownership in the Philippines
Philippine Supreme Court ruling on forged deeds, land ownership protection, and the limits of prescription in property disputes.
Mutuality of Contracts: When Banks Cannot Unilaterally Raise Interest Rates
Philippine Supreme Court ruling on Silos v. PNB explains why unilateral interest rate hikes violate the mutuality principle in loan contracts.
Judicial Consignation: Paying a Loan When the Creditor’s Identity Is Unclear
When two entities claim the right to collect a debt, judicial consignation lets the debtor deposit payment in court and be released.
Motion for Reconsideration Before Certiorari: The Novateknika Rule
Philippine courts require a motion for reconsideration before filing certiorari. Learn the rule, its exceptions, and why it matters.
Unmarried Couples and Property Rights in the Philippines: Proving Co-Ownership
Unmarried couples in the Philippines must prove actual joint contribution to co-own property. Learn the rules from Lacbayan v. Samoy.
Prescription in Mortgage Foreclosure: When the Clock Starts Ticking in the Philippines
Philippine Supreme Court clarifies that the 10-year prescriptive period for mortgage foreclosure runs from default, not from the mortgage date.
Demand NOT Always Needed When Philippine Banks CAN Foreclose Without Prior Notice
Philippine Supreme Court clarifies when banks may foreclose without prior demand, and limits on preliminary injunctions against foreclosure.
Corporate Officer Liability When Signing Loan Documents Leads to Criminal Charges in the Philippines
Learn when signing loan documents as a corporate officer can trigger criminal liability in the Philippines, based on Supreme Court rulings.
Partnership Disputes: Absence of Formalities Does Not Negate Partnership Existence
Philippine Supreme Court clarifies that a partnership may exist without formal documents, based on the parties' intent and conduct.
Compulsory vs Permissive Counterclaims: When Court Fees Are Not Required in Loan Disputes
Learn when a counterclaim in a loan dispute is compulsory and exempt from docket fees, based on a 2003 Supreme Court ruling.
Usurious Loans and Mortgage Validity When Interest Exceeds Legal Limits in the Philippines
Philippine Supreme Court ruling on usurious loans: when hidden interest voids a mortgage and what borrowers and lenders should know.
Upholding Contractual Agreements: Trust Receipts and Surety Agreements in Loan Obligations
The Supreme Court reaffirms that contracts are the law between parties, enforcing stipulated interest, penalties, and service charges in trust receipt loan transactions.
Nationwide Reach of Replevin Writs: Jurisdiction and Enforcement in Philippine Courts
Philippine courts can enforce replevin writs nationwide. Learn how jurisdiction is determined and what it means for creditors and debtors.