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Showing 289–312 of 722 articles for “cir”

Judicial Authority AND Administrative Circulars Resolving Conflicts IN Court Decision Making

Equitable Mortgage vs Absolute Sale: Protecting Vulnerable Grantors in Property Transactions

When a deed of absolute sale is actually an equitable mortgage, courts look at intent and circumstances, not just the document's title.

Insurance Companies Not Taxable as Lending Investors: CIR v. PHILAM Companies

Supreme Court rules insurance companies are not "lending investors" under the NIRC, clarifying tax obligations for lending activities.

PEZA VAT Refund: Zero-Rated Export Sales and Input Tax Credit Rights

Explaining CIR v. Cebu Toyo Corporation on PEZA enterprises' VAT refund rights for zero-rated export sales and unutilized input taxes.

Judicial Overreach Limits on Notarial Authority of Judges in the Philippines

Philippine Supreme Court clarifies limits on judges' notarial authority under Circular No. 1-90, penalizing unauthorized notarization of private documents.

Upholding Accountability Consequences FOR Habitual Absenteeism IN Public Service

The Supreme Court rules on habitual absenteeism in public service, clarifying penalties, AWOL rules, and mitigating circumstances.

Tax Assessment Validity: Strict Requirements for Waivers of the Statute of Limitations

Philippine Journalists, Inc. v. CIR clarifies that waivers of the tax prescription period must strictly comply with BIR regulations to be valid.

Reasonable Doubt Prevails: Acquittal in Attempted Murder Based on Insufficient Circumstantial Evidence

The Supreme Court acquits a school principal of attempted murder, ruling that hearsay and unverified confessions cannot support a conviction based on circumstantial evidence.

Judicial Efficiency vs Extenuating Circumstances: Releasing Retirement Benefits Despite Delays

The Supreme Court dismissed a gross inefficiency complaint against a retiring judge, ruling that heavy caseloads and lack of personnel can excuse delays in deciding cases.

Attorney's Outburst in Court: When Impatience Does Not Violate Ethics

SC rules a lawyer's single outburst in court may not violate ethics if uttered in the heat of the moment, but reminds lawyers to remain circumspect.

Judicial Responsibility and Mitigating Circumstances in Delayed Case Transmittal

Explains when heavy caseload and isolated oversight can mitigate a judge's liability for delayed transmittal of appeal records.

Minority as Privileged Mitigating Circumstance in Murder Cases

The Supreme Court clarifies that minority is a privileged mitigating circumstance under Article 68, reducing the penalty for murder by one degree.

Provocation and Voluntary Surrender: How Two Mitigating Circumstances Lowered a Frustrated Homicide Sentence

Learn how the Supreme Court applied Article 64(5) of the Revised Penal Code to reduce a frustrated homicide sentence when provocation and voluntary surrender were present.

Habitual Absenteeism of Court Employees: Accountability and Mitigating Circumstances

The Supreme Court defines habitual absenteeism for court employees and clarifies that personal obligations do not excuse unauthorized absences.

Silence Isnt Always Golden: Admissibility of Confessions in Philippine Homicide Cases

Philippine Supreme Court ruling on extrajudicial admissions, hearsay, and circumstantial evidence in homicide prosecutions.

Child Witness Testimony and Statutory Rape: Competency in Philippine Courts

How Philippine courts assess a minor rape victim's testimony, and why proper plea inquiry and qualifying circumstances matter in capital cases.

Reasonable Doubt When Circumstantial Evidence Falls Short in Murder Cases

Explore how Philippine courts weigh circumstantial evidence and treachery in murder convictions, using the Larry Cagas case as a guide.

Treachery and Self-Defense: Examining the Boundaries in a Homicide Case

A Supreme Court ruling in a 1995 stabbing case clarifies how Philippine courts evaluate self-defense claims and the qualifying circumstance of treachery.

Guilt by Association: Circumstantial Evidence and Flight in Philippine Criminal Law

Philippine Supreme Court ruling on how circumstantial evidence and flight can establish criminal liability, explained in plain language.

Conspiracy and Superior Strength: When Group Attacks Become Murder Under Philippine Law

How the Supreme Court defined conspiracy and abuse of superior strength in a group killing, convicting an accused of murder on circumstantial evidence.

Delay in Reporting a Crime Does Not Destroy Witness Credibility: People v. Hernandez

The Supreme Court rules that fear of reprisal justifies a witness's delay in reporting a crime, and explains when aggravating circumstances apply.

Reasonable Doubt Prevails When Circumstantial Evidence Falls Short of Conviction

Philippine Supreme Court clarifies when circumstantial evidence suffices for conviction in estafa cases, examining the limits of proof beyond reasonable doubt.

When Circumstantial Evidence Fails: The Ador Case and the Presumption of Innocence

The Supreme Court's ruling in People v. Ador shows how weak circumstantial evidence, flawed identification, and uncounseled admissions cannot overcome the presumption of innocence.

Dwelling as Aggravating Circumstance: Why Specific Allegation in Criminal Informations Matters

Learn why aggravating circumstances like dwelling must be specifically alleged in criminal informations, based on People v. Aquino.