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Showing 4585–4608 of 19,038 articles for “up”

Franchise Tax After EPIRA: NPC's Liability and the Limits of Local Government Power

The Supreme Court clarifies when the local franchise tax applies after EPIRA, nullifying Bataan's levy on NPC properties.

Reconveyance Actions: Proving Ownership Is Key to Reclaiming Property

The Supreme Court clarifies that a reconveyance action fails without proof of ownership, as shown in Yabut v. Alcantara.

Local Franchise Tax After EPIRA: When Government Levy on Power Assets Fails

The Supreme Court nullified Bataan's levy on Napocor assets, clarifying local franchise tax limits after EPIRA's transfer of power functions.

Reconveyance and Land Ownership: Proving Ownership in Land Disputes

The Supreme Court nullified a provincial government's levy and auction of NPC properties, clarifying franchise tax rules under EPIRA.

Trademark Infringement and Probable Cause: When the Secretary of Justice Abuses Discretion

The Supreme Court clarifies when courts may override the Secretary of Justice's dismissal of trademark infringement complaints for grave abuse of discretion.

Forced Resignation: The Employer's Burden to Prove Voluntariness

When is a resignation forced? The Supreme Court clarifies that employers must prove voluntariness by clear and convincing evidence.

Forced Resignation: When a "Voluntary" Resignation Is Really Illegal Dismissal

Philippine Supreme Court clarifies when a resignation is forced and amounts to illegal dismissal, protecting employees from undue influence.

Agrarian Reform and Jurisdictional Boundaries: Understanding DARAB's Role in CLOA Cancellation

The Supreme Court clarifies when DARAB can cancel CLOAs and when the DAR Secretary holds jurisdiction, in Union Bank v. DAR officers.

Agrarian Reform Adjudication: When DARAB Has No Jurisdiction Over CLOA Cancellation

The Supreme Court clarifies that DARAB has no jurisdiction over CLOA cancellation cases when no tenancy relationship exists between the parties.

Chain of Custody Safeguarding Drug Evidence and Ensuring Due Process in Anti-Drug Operations

Philippine Supreme Court acquits drug suspect over broken chain of custody, reinforcing Section 21 RA 9165 safeguards.

Self-Defense and Treachery: Understanding the Boundaries in Philippine Criminal Law

A Supreme Court ruling clarifies when self-defense fails and how treachery is determined in Philippine criminal cases.

Procuring Cause: When Real Estate Brokers Earn Their Commission

Learn when a real estate broker earns a commission under Philippine law, explained through the Supreme Court's ruling in Ticong v. Malim.

Estafa by Concealing Documents: What the Capulong Case Teaches About Fraud and Liability

The Supreme Court clarifies when concealing documents like a vehicle's OR-CR amounts to estafa under the Revised Penal Code.

Concealment of Vehicle Documents as Estafa: Protecting Creditor Rights in Chattel Mortgages

The Supreme Court rules that concealing a vehicle's OR-CR can constitute estafa, protecting creditors' rights in chattel mortgages.

Non-Payment of Premium and Insurance Coverage Validity: The Gaisano Case

When is an insurance policy valid? The Supreme Court clarifies that non-payment of premium before loss means no coverage.

Estafa Conviction: Why Factual Allegations Matter More Than the Technical Charge

The Supreme Court clarifies that in estafa cases, the facts alleged in the Information—not the legal provision cited—determine the crime charged.

Submarine Cables as Taxable Real Property: Supreme Court Clarifies Local Government Authority

The Supreme Court rules submarine cables are taxable real property, affirming local governments' power to impose real property tax on these assets.

PAL Franchise Tax Exemption Survives Later Tax Laws: Supreme Court Ruling

The Supreme Court affirms PAL's excise tax exemption under PD 1590 despite RA 9334 and RA 9337 amendments.

Conspiracy by Presence: When Being in a Robbery Band Establishes Guilt

The Supreme Court explains how mere presence in a robbery band, with a weapon, can establish conspiracy and guilt beyond reasonable doubt.

Due Diligence Defined: Banks' Responsibility in Mortgage Transactions

The Supreme Court clarifies that banks must exercise higher due diligence than ordinary lenders before accepting property as mortgage collateral.

Tax Assessment Falsity of Returns and the Ten-Year Prescriptive Period

When do false returns trigger the 10-year tax assessment period? The Supreme Court clarifies the rules on prescription and notice.

Appointment Authority Under the National Museum Act: Clarifying the Board's Power

The Supreme Court clarifies that only the National Museum Board of Trustees may appoint directors under R.A. 8492, not the Chairman alone.

Neglect of Duty: Reliance on Subordinates Does Not Excuse Lack of Due Diligence

Philippine Supreme Court ruling on managerial employees, loss of trust and confidence, and dismissal for breach of security protocols.

Homicide vs Murder: When Treachery and Evident Premeditation Fail in Philippine Law

The Supreme Court explains when a killing is homicide, not murder, because treachery and evident premeditation were not proven.