In-Depth Legal Commentaries, Updates, and Insights
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Banks have a fiduciary duty to exercise high diligence. Releasing a deceased’s funds based on fraudulent documents can make them and their officers liable.
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A lender cannot automatically seize collateral upon default. Such a clause, or ‘pactum commissorium,’ is void, and the proper remedy is foreclosure.
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A lawyer must not represent conflicting interests or use offensive language. Strict rules, like using only one chronological notarial register, must be followed.
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A ‘Deed of Conditional Sale’ may be an absolute sale if it lacks a title reservation clause, affecting the one-year deadline for filing an ejectment case.
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Treachery qualifies a killing to murder if the attack is sudden and unexpected. A claim of self-defense fails without proof of unlawful aggression.
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A dismissal ‘without prejudice’ allows a prosecutor to refile a criminal case by filing a new Information, often without a new preliminary investigation.
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A lawyer’s duty ends when a case concludes. The Register of Deeds has a ministerial, not investigatory, role in registering formally correct documents.
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The election ban on personnel movement applies when the order is issued during the prohibited period, not when it takes effect. Learn your rights.