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Showing 49–72 of 573 articles for “oca”

Residency Requirements for Government Positions: The Binay Case Explained

Learn how the Supreme Court’s ruling in CSC v. Binay clarifies residency rules for local government appointments and why accuracy in your Personal Data Sheet matters.

Nuisance Per Se and Local Police Power: The Biñan Hog Farm Ordinance Ruling

The Supreme Court upheld Biñan's ordinance phasing out large hog farms near homes, treating foul odors as a nuisance per se abatable through local police power.

Limits to Zealous Advocacy: Offensive Language in Pleadings Warrants Suspension

Supreme Court reminds lawyers that zealous advocacy has limits—offensive language in pleadings violates the Code of Professional Responsibility and warrants suspension.

When Zealous Advocacy Turns Abusive: Disciplining Lawyers for Offensive Language

The Supreme Court clarifies the line between vigorous advocacy and offensive language in pleadings, disciplining a lawyer for intemperate remarks.

Agency Coupled With Interest Irrevocability AND Protection OF Third Party Rights IN Lease Agreements

Explaining when an agency coupled with interest becomes irrevocable, protecting the agent's rights and third-party interests in lease agreements.

Local Business Tax on Dividends and Interest Earned by Holding Companies

Supreme Court ruling on when holding companies are exempt from local business tax on dividends and interest income under the Local Government Code.

Balancing Local Authority and National Mining Rights: The Luisito Marty Case

A mayor's refusal to issue mining permits tested the line between local autonomy and national mining law. The Supreme Court's ruling explained.

Dead Incorporator in Articles of Incorporation: When Misrepresentation Is Not Fraud

The Supreme Court clarifies when a deceased incorporator in the Articles of Incorporation warrants revocation, and when amendment suffices.

Disallowed Expenses Local Officials Must Refund Illegally Received Funds

Supreme Court rules local officials must refund disallowed EME funds, clarifying good faith does not excuse liability.

Separation of Powers: Defining the Roles of City Engineers and Building Officials in Local Governance

The Supreme Court clarifies that local governments may create a separate building official office distinct from the city engineer's office.

Separation of Powers in Local Governance: Valid Appointment of a Building Official

Supreme Court affirms that a city may create a separate building official office under the Local Government Code and National Building Code.

Upholding Drug Convictions: Justifiable Grounds for Inventory Location and the Chain of Custody Rule

Explaining when police may move drug inventory from the arrest site, and how the saving clause preserves convictions under RA 9165.

Revocation of Teacher’s License, Exhaustion of Administrative Remedies, and Due Process

The Supreme Court clarifies due process in administrative cases and the distinction between dishonesty and simple negligence in license revocation proceedings.

Party List Proportionality: Supreme Court Upholds BANAT Formula in Seat Allocation

The Supreme Court upholds the BANAT formula for party-list seat allocation, rejecting claims that it violates the one person, one vote principle.

When Local Governance Meets Lending: Safeguarding Public Funds in Loan Transactions

Supreme Court clarifies when LGU loan agreements become "manifestly and grossly disadvantageous" under the Anti-Graft Law, acquitting local officials.

Boundary Disputes in the Philippines: Resolving Territorial Conflicts Between LGUs

The Supreme Court settles the Makati-Taguig territorial dispute, explaining how boundary conflicts between local governments are resolved.

Supreme Court Strikes Down BIR Rule on Bank Expense Allocation

The Supreme Court voided Revenue Regulations No. 4-2011 for overstepping BIR authority and violating taxpayers' right to choose accounting methods.

Public Purpose in Government Loans to Private Entities: The Bawasanta Case

When can local governments lend public funds to private entities? The Supreme Court clarifies the public purpose rule in Bawasanta v. People.

Employer as Bystander in Certification Elections: Lessons from Coca-Cola FEMSA

Supreme Court affirms the bystander rule, barring employers from opposing certification elections and clarifying reorganization's effect on bargaining units.

Freedom of Expression vs Obscenity: The Limits of Local Ordinances in the Philippines

The Supreme Court explains when courts may review local anti-obscenity ordinances and why facial challenges face strict limits.

Writ of Kalikasan and Environmental Permits: PTK2 H2O Corp. v. Court of Appeals

The Supreme Court affirms the writ of kalikasan, applying the precautionary principle and upholding the revocation of water permits and ECCs issued without proper environmental assessment.

Due Process in Local Tax Assessments: Lessons from the National Power Corporation Case

The Supreme Court clarifies that local governments must observe due process in tax assessments, as shown in the National Power Corporation case.

Novation Requires Unequivocal Terms: Asian Construction vs Mero Structures

Philippine Supreme Court clarifies when letters between parties create novation, and when an obligation remains unchanged.

Cockfighting Law: When Local Officials Can Hold Events Outside Licensed Cockpits

Supreme Court clarifies when cockfights may be held outside licensed cockpits under PD 449, and the limits of Ombudsman discretion.