Temere Animus

The contractual relationship between banks and their depositors is governed by the Civil Code provisions on simple loan . Once a customer deposits money, the bank becomes a debtor , while the depositor becomes a creditor entitled to repayment on demand. Bank-Debtor Relationship and Liability in Transactions 📌 Banks as Debtors to Depositors ✔ A deposit in a bank is legally considered a loan to the financial institution. ✔ The bank is obligated to repay the depositor on demand . 📌 Relevant Case: PNB vs. Santos (G.R. No. 208293, 2014) 📌 Banks’ Primary Liability in Breach of Contract Cases ✔ When a bank breaches its contractual obligations , it cannot invoke due diligence in employee selection as a defense . ✔ The bank’s liability is direct, primary, and sole if loss or damages result from negligence or fraud . 📌 Relevant Case: Citystate Savings Bank vs. Tobias & Valdez (G.R. No. 227990, 2018) Doctrine of Apparent Authority in Banking Law 📌 Banks May Be Liable for ...

The Housing and Land Use Regulatory Board (HLURB) —now part of the Human Settlements Adjudication Commission (HSAC) —has exclusive jurisdiction over disputes related to subdivision and condominium projects . It regulates contracts between subdivision developers and lot buyers and enforces developer compliance with contractual and statutory obligations . HLURB Jurisdiction in Real Estate Disputes 📌 Scope of HLURB's Jurisdiction ✔ Claims between subdivision developers and lot buyers . ✔ Cases involving compliance with development obligations . ✔ Disputes related to unsound real estate practices . ✔ Refund claims by subdivision lot or condo buyers . ✔ Actions for specific performance in contracts and statutory obligations . 📌 Relevant Case: Geronimo vs Calderon (G.R. No. 201781, 2014) Jurisdictional Principles in HLURB Cases 📌 Jurisdiction Depends on Cause of Action ✔ HLURB jurisdiction is determined by the nature of the dispute , the property involved , and the ...