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Showing 1–24 of 35 articles for “stipulations”

Mutuality of Contracts and Foreclosure Rights in Philippine Loans

Philippine Supreme Court clarifies that void interest stipulations do not invalidate foreclosure when the principal debt remains unpaid.

Venue Stipulations and the Right Remedy: Pillars Property v. Century Communities

The Supreme Court clarifies when a venue stipulation binds parties and why dismissal for improper venue calls for certiorari, not appeal.

Exclusive Venue Stipulations in Real Estate Mortgages: When They Bind the Parties

The Supreme Court clarifies when exclusive venue clauses in real estate mortgages are binding, even if borrowers challenge loan terms.

Exclusive Venue Stipulations in Mortgage Contracts: When a Motion to Dismiss Must Be Granted

The Supreme Court clarifies when an exclusive venue stipulation in a mortgage contract binds parties and requires dismissal of a case filed elsewhere.

Venue Stipulations in Contracts: When "Exclusive" Means Exclusive in Philippine Courts

Philippine Supreme Court clarifies when contractual venue stipulations are binding and enforceable, and when courts must dismiss cases filed elsewhere.

Contractual Venue Stipulations: Enforceability and Waiver in Philippine Courts

Philippine Supreme Court clarifies when exclusive venue clauses in contracts bind parties and when they are waived.

Prescriptive Periods in Cargo Claims: COGSA vs. Bill of Lading Stipulations

When a bill of lading sets a shorter prescriptive period than COGSA, which governs cargo damage claims? The Supreme Court clarifies.

When Attorney's Fees Are Reasonable: The Duty to Avoid Unconscionable Agreements

Philippine Supreme Court clarifies when attorney's fees stipulations are valid, and why courts must strike down unconscionable ones.

Pre-Trial Stipulations and Signature Authentication: Heirs of Salud v. Rural Bank of Salinas

A 2016 Supreme Court ruling clarifies when pre-trial stipulations bind parties and how courts weigh handwriting expert findings against direct testimony.

Venue Stipulations and Contract Validity: When a Forgery Claim Overrides an Exclusive Venue Clause

The Supreme Court rules that a complaint assailing a contract's validity—like forgery—is not bound by its exclusive venue stipulation.

Written Stipulation Is Key: Enforceability of Loan Interest Agreements in the Philippines

Philippine Supreme Court clarifies when 12% interest applies versus 6% in construction disputes, emphasizing written stipulations.

Attorneys Fees and Ethical Boundaries: When Interest Stipulations Fail in Philippine Loan Contracts

Philippine Supreme Court ruling on written interest stipulations, unconscionable rates, and borrower protections under Civil Code Article 1956.

Appeal Denied: Understanding Timeliness and Binding Counsel in Philippine Law

A look at Mendiola v. Commerz Trading, where the Supreme Court clarified VAT liability and the binding effect of contractual stipulations between parties.

VAT Liability and Contractual Stipulations: Lessons from Mendiola v. Commerz Trading

Philippine Supreme Court clarifies who bears VAT liability when a contract shifts tax burden—and who must pay the BIR.

Mortgagor's Stipulated Right to Notice Prevails in Foreclosure Proceedings

Supreme Court rules banks must honor contractual stipulations requiring personal notice to mortgagors before extrajudicial foreclosure, or risk nullifying the sale.

Venue Stipulations in Contracts: Courts Cannot Dismiss Motu Proprio on Improper Venue

Philippine Supreme Court clarifies that trial courts cannot motu proprio dismiss cases for improper venue when parties validly agreed on exclusive venue.

Venue Stipulations When Contractual Agreements Don't Cover ALL Claims

When a contract names an exclusive venue, does it bind claims outside that contract? The Supreme Court explains when it doesn't.

Venue Stipulations in Philippine Contracts: When a Chosen Court Isn't Exclusive

A Supreme Court ruling clarifies when contract venue clauses are binding and exclusive, and when they merely add another option for filing suit.

When Public Duty and Private Conduct Collide: A Judge’s Venue Ruling Upheld

The Supreme Court affirms a judge’s dismissal of a case for improper venue, clarifying exclusive venue stipulations in loan contracts.

Exclusive Venue Stipulations: When "Exclusively" Means What It Says

Philippine Supreme Court clarifies when a contractual venue stipulation is truly exclusive and binding on the parties.

Unsigned Stipulations in Mortgages: Philippine Supreme Court Upholds Consent as Key

Philippine Supreme Court rules a mortgage stipulation inserted after signing without the mortgagor's consent is void ab initio.

Parol Evidence Rule Bars Verbal Conditions on Written Contracts: Allied Banking v. Cheng Yong

Supreme Court clarifies that clear written contracts cannot be varied by verbal stipulations, applying the parol evidence rule to loan and mortgage agreements.

Venue Stipulations in Contracts: Limits on Exclusive Venue Clauses

Philippine Supreme Court ruling on when exclusive venue stipulations in contracts apply, and when they cannot restrict access to courts.

Protecting Filipino Workers: Philippine Labor Laws Extend to OFWs Regardless of Contractual Stipulations

Philippine labor laws protect OFWs even when employed abroad. The Supreme Court affirms that contractual stipulations cannot waive these protections.