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Showing 49–72 of 142 articles for “default”

Avoiding Default Judgment: Why Showing Up to Pre-Trial Is Non-Negotiable in Philippine Courts

Learn why failing to appear at pre-trial in Philippine courts can lead to default judgment, and how to protect your case.

Demurrage Recovery in the Philippines: How Subrogation Protects Payers

Learn how legal subrogation allows an indent representative to collect demurrage from a defaulting buyer, as ruled by the Supreme Court.

Credit Card Approvals: When Delay Is Not Legal Default

Supreme Court explains when a credit card issuer's delay in approving purchases constitutes legal default and liability for damages.

Summary Procedure Default: When Failure to Appear Warrants Judgment on the Complaint

Explains Lazaro v. Brewmaster International on when a court may render judgment based on the complaint's allegations under the Revised Rule on Summary Procedure.

Contract to Sell Default: When Sellers Can Cancel and Keep the Property Off the Market

Philippine Supreme Court ruling on when a buyer's failure to pay installments in a contract to sell justifies cancellation by the seller.

Novation Requires Clear Agreement: Loan Restructuring and Foreclosure Rights

Supreme Court clarifies that accepting partial payments does not automatically novate a loan, and banks may still foreclose on defaulted mortgages.

Foreclosure Validity Loan Default AND Extrajudicial Process Under ACT 3135

Can a Bank Lower the Retirement Age? Lessons from Obusan v. PNB

The Supreme Court explains when a company retirement plan can set a lower compulsory retirement age than the Labor Code's 65-year default.

Cross-Default Clauses and Preliminary Injunctions: Lessons from Lim v. BPI Agribank

When can a borrower stop a bank from foreclosing? The Supreme Court explains the "right in esse" requirement for injunctions.

Default Orders and Due Process: Protecting Contractors' Rights in Construction Disputes

Philippine Supreme Court ruling on default orders, due process, and corporate officer liability in construction payment disputes.

Finality of Foreclosure: Rights and Duties After a Mortgage Default

What happens after a mortgage default and foreclosure sale becomes final? The Supreme Court clarifies the mortgagor's rights and duties.

Default and Foreclosure: When Accepting Late Payments Waives the Right to Foreclose

A lender who accepts late and partial payments after a borrower's default may waive the right to foreclose. Learn the rule from this Philippine case.

Defective Summons Ensuring Proper Notification IN Philippine Legal Proceedings

Learn how defective summons can void a default judgment, as shown in B.D. Long Span Builders v. R.S. Ampeloquio Realty.

Default Orders and the Law of the Case: When Prior Rulings Bind Subsequent Appeals

The Supreme Court explains how the doctrine of law of the case bars relitigating a default order previously upheld with finality.

Perfected Contract to Sell vs Cancellation for Default: Lessons from Traders Royal Bank v. Cuison

When is a contract to sell perfected, and when can a seller cancel it for default? The Supreme Court clarifies in Traders Royal Bank v. Cuison.

Default Judgments and Due Process: The Imperative of Procedural Compliance in Philippine Courts

Philippine Supreme Court ruling on finality of judgments, procedural compliance, and the limits of post-judgment remedies in civil cases.

Continuing Surety Agreements: When a Surety Stays Liable Despite Principal Default

Philippine Supreme Court ruling on continuing surety agreements and a surety's joint and several liability despite the principal debtor's default.

Accounting for Family Wealth: Default Judgments and the Limits of Contempt in Intra-Family Disputes

A Supreme Court ruling clarifies default judgment rules, appeal periods, and why contempt is not the remedy for disobeying a remand order.

Default Judgments: When a Bank's Procedural Lapses Lead to Default

The Supreme Court upheld a default declaration against PNB for filing a late answer and misleading the court, clarifying strict rules on extensions.

When Can You Challenge a Default Judgment: Annulment and Due Process Explained

Learn when a default judgment can be annulled in the Philippines, including grounds like extrinsic fraud and lack of jurisdiction, based on a Supreme Court ruling.

Lessor's Lien vs Chattel Mortgage: Rights Over Leased Property After Default

When a lessor takes a tenant's property for unpaid rent and a lender later claims the same items under a chattel mortgage, who wins? The Supreme Court clarifies.

Valid Service of Summons on Corporations: Strict Rules Protect Corporate Rights

Learn how strict service of summons rules protect corporations from default judgments in Philippine civil procedure.

Extrajudicial Repossession After Lease Default: What Irao v. By the Bay, Inc. Means

Supreme Court explains when a lessor's demand letter counts as notice of termination, allowing extrajudicial repossession of leased property.

Debt Default by a Court Employee: Upholding Ethical Conduct in the Judiciary

A Philippine Supreme Court ruling shows that a court employee's unpaid debt is not just a private matter but conduct unbecoming a public servant.