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.

Showing 124 of 64 articles for loans

Attorney-Client Loans Under the CPRA: When Borrowing From a Client Is Allowed

The Supreme Court clarifies when lawyers may borrow from clients under the CPRA, balancing ethical duties with legitimate commercial dealings.

Graft and Malversation: When Private Funds Become Public Funds Under Philippine Law

The Supreme Court clarifies when private funds become public funds and defines liability for graft and malversation in Arcelo v. People.

Death of the Accused and Criminal Liability: The Rodriguez v. Elorde Ruling

When an accused dies before final judgment, criminal liability is extinguished. But civil liability may survive—here's how.

Disbarment for Bouncing Checks: What Lawyers Must Know About Gross Misconduct

A lawyer was disbarred for issuing worthless checks. Learn the ethical rules, CPRA penalties, and practical lessons for attorneys.

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.

Behest Loans in the Philippines: Understanding Anti-Graft Law and Due Diligence

Learn how Philippine courts define behest loans, the role of RA 3019, and why loan repayment does not erase potential graft liability.

Choice of Law Clauses in Cross-Border Contracts: The Standard Chartered Ruling

How Philippine courts resolve conflicting choice-of-law clauses in cross-border contracts, explained through the Standard Chartered Bank v. Philippine Investment Two ruling.

Defective Summons Voids Trustee Appointment: Key Lessons from Diversified Plastic Film v. PI-One

Defective summons can void court proceedings. Learn the jurisdictional limits and SPV Act requirements from this Supreme Court ruling.

Bank Liable for Moral Damages Over Mortgage Redemption Insurance Non-Disclosure

When a bank offers mortgage redemption insurance, it must disclose coverage limits. Learn from Land Bank v. Miranda why non-disclosure can lead to damages.

Just Compensation in Agrarian Reform: When Courts Can Depart from DAR Formulas

Explains the Supreme Court ruling on just compensation in agrarian reform, when courts may deviate from DAR valuation formulas, and why evidence matters.

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.

Solidary Liability and Interest Rates in Philippine Partnerships: Key Lessons from a Supreme Court Ruling

A look at a Supreme Court ruling on solidary liability, novation, and unconscionable interest rates in business loans and partnerships.

Public Purpose in Government Loans to Private Entities: The Bawasanta Case

When can local governments lend public funds to private entities? The Supreme Court clarifies the public purpose rule in Bawasanta v. People.

Dacion en Pago: How to Properly Extinguish Loan Obligations in the Philippines

Philippine Supreme Court explains how dacion en pago works, when loan obligations are extinguished, and the pitfalls lenders must avoid.

DOSRI Violations in Philippine Banking: Lessons from Apolinario v. People

The Supreme Court's ruling in Apolinario v. People clarifies DOSRI rules, insider lending limits, and director liability in Philippine banking.

Lawyer Suspended for Borrowing from Client: Anacay v. Alberto Explained

The Supreme Court suspended a lawyer for two years for borrowing money from a client without protecting the client's interests, reaffirming strict fiduciary duties.

Understanding the Prohibition Against Splitting a Cause of Action in Loan and Mortgage Cases

A Supreme Court ruling clarifies when a bank cannot file both foreclosure and collection suits for the same loan obligation.

Taming Unconscionable Interest: Reassessing Loan Obligations and Attorney's Fees in Philippine Law

The Supreme Court clarifies how courts temper unconscionable loan interest rates and when attorney's fees may be awarded in foreclosure cases.

CBA vs Bank Policy: Protecting Workers' Rights Against Unilateral Loan Changes

Supreme Court rules banks cannot impose credit-check requirements on CBA salary loans without negotiating with the union first.

Corporate Dissolution Directors As Trustees and Guarantor Liability After Corporate Revocation

Explains Reyes v. Bancom: corporate revocation doesn't abate suits, directors act as trustees, and guarantors remain liable.

Upholding Ethical Conduct: Disciplinary Action for Abuse of Court Processes

The Supreme Court suspends a lawyer for two years for dilatory tactics that delayed execution of a final judgment, violating the Lawyer's Oath and Code of Professional Responsibility.

Unexplained Wealth and SALN Dishonesty: When Assets in Children's Names Count

Explains when hidden assets in children's names count as SALN dishonesty and why grave misconduct requires a direct link to official duties.

Compulsory vs. Permissive Counterclaims: What Philippine Litigants Must Know

Learn the difference between compulsory and permissive counterclaims in Philippine courts, including docket fees, forum shopping, and the Alba v. Malapajo ruling.

Willful Disobedience as Just Cause for Dismissal: A Cooperative Cashier's Case

Explore when an employee's repeated defiance of board resolutions justifies dismissal under Article 282 of the Labor Code.