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.
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.
When Banks Can't Apply Loan Payments Across Different Debtors: Corporate Veil Rules
Supreme Court clarifies when a bank may apply a borrower's payment to another's debt, and why corporate separateness limits payment application.
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.
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.
When Is a Loan Interest Rate Unconscionable in the Philippines?
The Supreme Court explains when a monthly interest rate on a loan becomes unconscionable and void, and what rate applies instead.
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.
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.
Unconscionable Penalties: Reassessing Loan Obligations in Philippine Law
The Supreme Court clarifies when courts may reduce penalty charges and attorney's fees in deficiency claims after foreclosure.
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.
Revocation and Renewal: Understanding Surety Obligations in Philippine Banking
When a continuing surety expires or is revoked, a bank cannot hold the surety liable for loans made after that point.
Continuing Suretyship in the Philippines: Liability for Future Debts Explained
Learn how the Supreme Court upheld a surety's liability for future debts under a Continuing Suretyship, and when courts may reduce attorney's fees.
Continuing Suretyship Scope and Enforceability in Loan Renewals
Philippine Supreme Court ruling on whether a continuing suretyship covers renewed credit facilities and subsequent loan availments.
Continuing Surety Agreements: When a Surety Is Liable for Another's Loan
Philippine Supreme Court explains continuing surety agreements and when a surety becomes liable for a principal debtor's obligations.
Conjugal Partnership and Surety Agreements: When a Spouse's Guaranty Does Not Bind the Family
When a husband signs a surety agreement for a third party, the conjugal partnership is not automatically liable. Here's why.
Deficiency Judgments in Philippine Foreclosure: Can Banks Recover More After Auction?
Philippine Supreme Court clarifies when banks can collect deficiency after extrajudicial foreclosure of real estate mortgages.
Financial Leasing Agreements Are Valid Contracts Despite Lessee Default
Supreme Court affirms that financial leasing agreements are genuine contracts; defaulting lessees remain bound by their terms and obligations.
Corporate Identity and Loan Obligations: Name Change Does Not Excuse Debt Payment
Philippine Supreme Court ruling on whether a corporate name change or bank identity affects loan obligations and surety liability.
Personal Surety Liability vs Corporate Rights: When Banks Lose Their Claim
A bank's unauthorized extension of credit deadlines releases personal sureties from liability, even when they signed a continuing guaranty.
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.
Loan Restructuring and Surety Release: Key Protections for Guarantors in Philippine Law
Philippine Supreme Court ruling on when loan restructuring releases a surety from liability, and what guarantors must know about their rights.
Continuing Surety Agreements Can Validly Cover Future Debts in the Philippines
Philippine Supreme Court clarifies that continuing surety agreements validly secure future debts, even if no principal obligation exists at signing.
Surety Agreements Understanding THE Limits OF Liability IN Philippine LAW
Learn how Philippine courts interpret surety agreements, the limits of a surety's liability, and key defenses under the Civil Code.