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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Loan Default and Foreclosure: When Preliminary Injunction Is Not Available
Philippine Supreme Court clarifies that a borrower in default cannot enjoin foreclosure without a clear legal right, citing TML Gasket v. BPI.
Accommodation Party Liability: Personal Checks for Corporate Debt
When a corporate officer issues personal checks for a company loan, they may be personally liable as an accommodation party under Philippine law.
Trust Receipts vs Ordinary Loans: When Debt Restructuring Does Not Erase Criminal Liability
Philippine National Bank v. Soriano clarifies when restructuring a trust receipt loan does not extinguish criminal liability for estafa under PD 115.
Loan Restructuring vs Foreclosure: Borrower Rights in the Philippines
When does a pending loan restructuring stop a bank from foreclosing? The Supreme Court explains borrower rights and limits.
CBA Loan Benefits vs Bank Policy: When Management Rules Violate the Agreement
SC rules on when a bank's "no negative data bank" policy for employee loans violates the existing CBA. Learn the limits of management prerogative.
Failure to Pay Just Debts: Court Employee Reprimanded for Unethical Conduct
A court clerk's four-year delay in paying a loan draws a reprimand, underscoring ethical duties of judiciary personnel.
Novation Nullified: Why Payment Agreements Don't Automatically Erase Original Loan Obligations
Philippine Supreme Court clarifies when a new payment agreement novates an old loan—and when it doesn't, in Heirs of Franco v. Gonzales.
Trust Receipts vs Loans: Distinguishing Obligations in Philippine Law
Philippine Supreme Court clarifies the distinction between trust receipts and loan obligations, and the legal consequences for banks and borrowers.
Estafa Liability of Lawyers for Falsified Loan Documents Under Philippine Law
When can a lawyer be held liable for estafa for signing off on falsified loan documents? The Supreme Court explains in Cruz v. Gonzalez.
When Lawyers Face Discipline: The Tan v. Gumba Case and Professional Responsibility in the Philippines
A lawyer who deceived a client into a loan through false documents was suspended for six months. Learn the ethical rules and lessons from this Philippine Supreme Court ruling.
When a Final Judgment Bars a New Case: Res Judicata and Forum Shopping in Loan Disputes
The Supreme Court explains how a final ruling on loan interest rates can bar a later case through res judicata and forum shopping.
Res Judicata and Forum Shopping in Foreclosure Disputes: Villanueva v. Court of Appeals
The Supreme Court explains how res judicata and forum shopping bar repeated challenges to loan interest rates and foreclosure proceedings.
Ethical Boundaries for Public Officials: Soliciting Loans and Conflict of Interest
Public officials cannot solicit loans from entities they regulate, even if they are cooperative members. The Supreme Court clarifies the rule.
Loan Contract Perfection and Mortgage Validity: Insights from Palada v. Solidbank
When is a loan contract perfected, and what makes a real estate mortgage valid? The Supreme Court clarifies in Palada v. Solidbank.
Philippine Savings Bank v. Castillo: Mutuality of Contracts and Unilateral Loan Interest Adjustments
Philippine Supreme Court rules that banks cannot unilaterally increase loan interest rates without borrower consent, citing the principle of mutuality of contracts.
Prescription in Anti-Graft Cases: When the Clock Starts Ticking
The Supreme Court clarifies when the prescriptive period for anti-graft offenses begins, applying the doctrine to behest loans.
Partnership vs. Loan in the Philippines: Profit-Sharing Terms Still Bind
Philippine courts look beyond contract labels to determine if a deal is a partnership or loan—but agreed profit-sharing terms remain enforceable either way.
Loan Interest Rate Adjustments Understanding Banks Rights AND Borrowers Obligations IN THE Philippines
Philippine Supreme Court ruling on implied trusts in mortgage contracts, parol evidence, and borrower protections.
Implied Trusts in Philippine Mortgages: Protecting the True Lender
When a mortgage names one person but another funds the loan, Philippine courts may impose an implied trust to protect the true lender.
Can a Bank Foreclose the Entire Loan on a Partial Mortgage? Philippine Supreme Court Rules
Philippine Supreme Court rules on whether a bank may foreclose a real estate mortgage for the full loan amount when only part of it was secured by the property.
Where Can a Mortgage Be Foreclosed in the Philippines? Venue Rules Explained
Philippine Supreme Court clarifies venue and scope of extrajudicial foreclosure, including what happens when a mortgage covers only part of a loan.
Reimbursement Rights When a Payor Can Recover Debt Paid on Another's Behalf
When can a co-maker recover payment made on a debtor's loan? The Supreme Court explains Article 1236 reimbursement rules.
Distinguishing Financial Leases From Loans Secured by Chattel Mortgage in the Philippines
Philippine Supreme Court clarifies when a sale-and-leaseback arrangement is actually a loan secured by chattel mortgage, not a true financial lease.
Continuing Security: How Future Debts Can Affect Real Estate Mortgages in the Philippines
The Supreme Court explains how a real estate mortgage can secure future loans, not just the original debt, through continuing guaranty clauses.