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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When a Surety Can Escape Liability: Overcoming the Presumption of Regularity
Philippine Supreme Court clarifies when sureties can overcome the presumption of regularity attached to notarized continuing suretyship agreements.
Surety Bonds and Arbitration: When Is a Surety Bound by an Arbitration Agreement?
A surety may be bound by an arbitration clause in a construction contract if the bond incorporates that contract by reference.
Understanding Suretyship: When Can a Surety Be Released From Liability
The Supreme Court clarifies when a surety may be released from liability and when material alterations to the principal contract do not extinguish the bond.
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.
Surety Bonds and Written Principal Agreements: What the Supreme Court Says
When is a written principal agreement required before a surety bond can be enforced? The Supreme Court clarifies the rule in Cellpage v. Solid Guaranty.
When a Surety Bond Must Be Honored: Cellpage v. Solid Guaranty Explained
The Supreme Court clarifies when a surety is liable despite no written principal contract, and how bank errors affect obligations.
Surety Agreements and Solidary Liability: Lessons from a Philippine Loan Dispute
A Supreme Court ruling clarifies when sureties become liable for corporate loans and why economic crises do not excuse payment.
Estoppel by Silence: When a Surety Cannot Question a Bail Bond's Validity
The Supreme Court rules a surety is estopped from questioning a bail bond's validity after remaining silent despite repeated notices.
Broken Chains: Strict Evidence Rules and Estoppel in Drug Case Bail Forfeitures
The Supreme Court rules that a surety's silence on an agent's unauthorized bail bond can bar claims of invalidity through estoppel.
Guarantee vs Suretyship: How Waiving Excussion Changes Liability
The Supreme Court clarifies when a "guarantee" becomes a suretyship, and why a rehabilitation stay order does not protect a surety.
Loan Restructuring and Surety Obligations: Understanding Novation and Continuing Guarantees
Philippine Supreme Court clarifies when loan restructuring extinguishes a surety's obligation and the binding effect of continuing guarantees.
Government Agencies and Surety Bonds in Real Property Tax Disputes: The PMO v. CTA Ruling
When can a government agency skip the surety bond in real property tax cases? The Supreme Court clarifies in PMO v. CTA.
Surety Bonds Liability Extends Until Case Termination Despite NON Renewal
A surety bond stays effective until a case is finally terminated, even without renewal. Learn the rule from Enriquez v. Mercantile Insurance.
Surety Bonds in Replevin: When Does a Bond Really Expire?
A surety bond in a replevin case remains valid until the case is finally terminated, even if the stated period has lapsed.
Revoking a Surety Agreement: Proving Timely Notice and Release from Liability
A surety who sends a timely revocation letter by registered mail can escape liability—provided the notice is properly proven and received.
Contractual Negligence: Defining the Scope of Liability in Service Agreements
A Supreme Court ruling on surety bonds clarifies when a contractor's breach triggers full liability, and how compensation applies.
Reinsurance and Attachment Bonds: Upholding Surety Validity Beyond Retention Limits
Supreme Court clarifies that attachment bonds exceeding a surety's retention limit remain valid when the excess is reinsured, explaining reinsurance contracts.
Surety’s Liability: The Extent and Limits Under Philippine Law
Understand the scope of a surety’s obligations in the Philippines, including liability limits, defenses, and key legal principles.
Surety Agreements and Conditions Precedent: What the Supreme Court Said in RCBC v. Bernardino
The Supreme Court clarifies when surety agreements are enforceable and how conditions precedent are proven, in RCBC v. Bernardino.
Taxation and Due Process: Balancing Government Power and Taxpayer Rights in Deficiency Assessments
The Supreme Court clarifies when the CTA may require a surety bond to suspend tax collection, protecting taxpayer rights.
Breach of Contract and Surety Bonds: When Extensions Don't Discharge a Surety
A contractor's failure to complete works on time triggers liability for breach and its surety's bond, even when extensions are granted.
Surety Liability After Foreclosure: Carodan v. China Banking Corporation
When a bank releases a principal debtor's collateral, a surety may still be liable for the deficiency if the surety agreement expressly allows it.
Surety Agreements: Solidary Liability and Waiver of Rights in Loan Obligations
Philippine Supreme Court ruling on surety liability, accommodation mortgagors, and waiver clauses in loan deficiency claims.