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Showing 217–240 of 351 articles for “loan”

Behest Loans and the Statute of Limitations: When Does the Clock Start Ticking

The Supreme Court clarifies when the prescriptive period for behest loan offenses begins, and what evidence is needed to prove them.

Dragnet Clauses in Mortgages: When Future Debts Are Secured Beyond the Initial Loan

Philippine Supreme Court explains how dragnet clauses in real estate mortgages cover future debts, and what borrowers must pay to redeem foreclosed property.

Sale vs Equitable Mortgage: When a Deed of Sale Is Considered a Loan

Philippine Supreme Court explains when a deed of absolute sale may be treated as an equitable mortgage or loan, and when courts will uphold the sale.

LIS Pendens Protecting Real Property Rights IN Loan Disputes

Behest Loans and Prescription: Timelines for Prosecuting Corrupt Practices in the Philippines

The Supreme Court clarifies when prescription begins for behest loan cases under RA 3019, and when courts defer to the Ombudsman's findings.

Dacion en Pago: When It Extinguishes a Loan and When It Does Not

The Supreme Court clarifies when a dacion en pago extinguishes a debt, and when a promissory note liability survives.

Mutuality of Contracts: The Limits of Unilateral Interest Rate Adjustments in Loan Agreements

Philippine Supreme Court ruling on when banks cannot unilaterally raise loan interest rates without borrower consent, citing mutuality of contracts.

Fortuitous Events and Loan Obligations: DBP vs. Spouses Calina

A typhoon destroyed a financed fishing boat, but the borrowers still had to repay their loan. The Supreme Court explains why.

Usury Law in the Philippines: When Courts Cut Excessive Interest Rates

The Supreme Court struck down a 48% annual interest rate as unconscionable in Bulos v. Yasuma, showing courts can reduce excessive loan interest even without the Usury Law.

Loan or Sale? How Philippine Courts Determine the True Intent of a Contract

A Supreme Court ruling shows that reformation requires proof of mistake, fraud, or accident — and that courts will not rewrite a contract simply because one party regrets it.

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers From Unfair Land Seizure

When is a "sale with right to repurchase" really a loan? The Supreme Court explains equitable mortgage protections for Filipino landowners.

Res Judicata and Anti-Graft Cases: When Prior Dismissals Bar Prosecution

The Supreme Court ruled that a final dismissal of a behest-loan complaint bars a later anti-graft prosecution over the same transaction, even against officials not named in the first case.

Unconscionable Interest Rates Protecting Borrowers From Excessive Loan Charges

Philippine courts can void excessive interest rates and reset loans to the legal rate. Learn how the Espiritu v. Landrito ruling protects borrowers.

Perfecting a Loan Delivery and the Role of Crossed Checks in Financial Agreements

When is a loan perfected? The Supreme Court clarifies how delivery of crossed checks affects loan contracts and interest claims.

Unlock Loan Restructuring Benefits: Why Application Is Key Under Philippine Law

Philippine Supreme Court ruling on RA 7202 shows why filing an application is essential to claim loan restructuring and condonation benefits.

Decoding Philippine Procurement When Loan Agreements Trump Local Law in Public Bidding

When can a foreign loan agreement override Philippine procurement law? The Supreme Court explains in Abaya v. Ebdane.

Equitable Mortgage in Philippine Law: When a Sale Is Not Really a Sale

Learn how Philippine courts treat contracts that appear as sales but are actually loans secured by property, and what equitable mortgage means for property owners.

Loan Foreclosure in the Philippines: Why Written Contracts Matter

A Supreme Court ruling shows why written loan terms govern foreclosure. Learn key lessons from Baluyut v. Poblete.

Strict Deadlines Matter Navigating SEC Appeals AND Corporate Liability FOR Unlicensed Brokers IN THE Philippin

When is a bank liable for breach of contract in a credit line dispute? The Supreme Court clarifies the rules on conditional loan approvals and the duty of banks to exercise prudence in dealing with re

Beyond the Title: Why Philippine Banks Must Investigate Loan Collateral Ownership

Philippine Supreme Court ruling on Omengan v. PNB clarifies banks' duty to investigate collateral ownership beyond the certificate of title.

Bouncing Checks and Unconscionable Interest: BP 22 Liability in the Philippines

The Supreme Court clarifies when unconscionable loan interest affects criminal liability for bouncing checks under BP 22.

Novation and Insurance Claims: Contractual Obligations in Secured Transactions

When a mortgaged car is carnapped, does insurance payment extinguish the loan? The Supreme Court clarifies novation rules.

Loan Repayment Establishing Debt Despite Indirect Payment IN Corporate Subscriptions

Interest on Loans and the Necessity of Written Agreements for Enforceability

Philippine Supreme Court ruling on double sales, good faith, and why written contracts matter for property and loan enforceability.