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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Banks' Fiduciary Duty to Protect Depositors' Funds: What the Law Requires
Philippine law imposes a strict fiduciary duty on banks to protect depositors' funds. This article explains the legal standards and consequences of breach.
When Corporate Notices Are Not Libel: The Novicio Case on Privileged Communication
A look at Novicio v. Aggabao, where the Supreme Court ruled that a corporate officer's notice to banks about changed signatories was not libel.
Gross Receipts Tax: When Withheld Interest Income Still Counts for Banks
Philippine Supreme Court ruling on whether the 20% final withholding tax on banks' passive income forms part of gross receipts for the 5% gross receipts tax.
Bank Negligence in Foreclosure: Damages and Attorney's Fees Reassessed
Philippine Supreme Court clarifies how courts compute actual, moral damages and attorney's fees when banks act negligently in foreclosure disputes.
Mistaken Identity Banks Liability FOR Negligent Levy OF Property
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.
Gross Receipts Tax on Banks Includes Withheld Interest Income
Supreme Court rules the 20% final withholding tax on interest income forms part of a bank's gross receipts for gross receipts tax purposes.
Banks' Due Diligence in Foreclosure Sales and Rights of Land Reform Beneficiaries
A bank that forecloses on land without ocular inspection cannot eject land reform beneficiaries, as the Supreme Court ruled in Rural Bank of Sta. Ignacia v. Dimatulac.
Bank Negligence Bars Recovery: Solutio Indebiti and Unjust Enrichment in Check Clearing Errors
Supreme Court rules banks cannot recover funds lost to their own gross negligence in check clearing, explaining solutio indebiti and unjust enrichment.
Distinguishing Loan From Accommodation When Bank Negligence Leads to Liability
When is a deposit a loan or a mere accommodation? The Supreme Court clarifies the distinction and when banks face liability for employee negligence.
Accretion Rights and Land Ownership Along Riverbanks: Key Philippine Rules
Philippine Supreme Court explains how accretion rights along riverbanks determine land ownership, and why prior judgments bind future claims.
Liability FOR Negligence Banks Duty TO Exercise DUE Diligence IN Handling Remittances
COA Oversight and Private Auditors in Government Banks: The DBP Case
Supreme Court rules COA audit power over government banks is not exclusive; private external auditors may conduct concurrent audits.
Bearer Certificates: Banks Must Verify Payment and Prevent Loss
A bank that pays a bearer certificate of deposit without requiring surrender and indorsement remains liable to the true owner.
Piercing the Corporate Veil: When Foreclosure by Government Banks Is Not Fraud
The Supreme Court explains when foreclosure by government banks does not justify piercing the corporate veil, and why creditors cannot claim preferences outside liquidation.
Bank Liability in Foreign Exchange Transactions: The Reyes v. Far East Bank Standard
When are banks liable for dishonored foreign exchange drafts? The Supreme Court clarifies the diligence standard in Reyes v. Far East Bank.
Exhaustion of Administrative Remedies and SEC Jurisdiction Over Listed Banks
Supreme Court clarifies that listed banks must comply with SEC disclosure rules despite BSP supervision, explaining agency jurisdiction and administrative remedies.
Exhaustion of Administrative Remedies: Agency Prerogative and Orderly Legal Process
Explore how the Supreme Court upheld SEC disclosure rules for listed banks, clarifying the doctrine of exhaustion of administrative remedies.
Bank Negligence and Dishonored Checks: Protecting Your Reputation and Finances
Learn from the Firestone v. Luzon Development Bank case why non-negotiable instruments carry risks and how banks' duties apply.
Writ of Possession in the Philippines: When Can a Bank Take Your Property
Learn when banks can take property in the Philippines through writs of possession, and how agrarian reform rights affect foreclosure cases.
Bank Negligence in Clearing Checks: When Depositors Escape Liability
Supreme Court rules banks must follow clearing rules before allowing withdrawals, holding BPI liable for its own negligence in counterfeit check case.
Privity of Contract in the Philippines: Why Third Parties Are Not Bound by Your Agreement
Learn how privity of contract protects banks and third parties from obligations they never agreed to, explained through the Villalon case.
Lost Your Property to Foreclosure? Know Your Rights to Proper Notice in the Philippines
Learn how the Supreme Court protects borrowers from invalid foreclosure sales when banks fail to follow notice and publication rules.
When Banks Lose the Right to Collect: Estoppel in Foreclosure Deficiency Claims
When can a bank be barred from collecting a foreclosure deficiency? The Supreme Court explains estoppel's limits in PNB v. Court of Appeals.