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Showing 121–144 of 849 articles for “authority”

Tax Injunctions and Declaratory Relief: Limits on Court Authority

The Supreme Court clarifies that courts cannot enjoin tax collection and that declaratory relief is not a proper remedy to contest tax assessments.

Incestuous Rape: Parental Authority and the Absence of Physical Resistance

The Supreme Court affirms that in incestuous rape, a father's moral ascendancy substitutes for violence, and physical resistance is not required.

Breach of Trust, Intrafamilial Rape, and the Erosion of Parental Authority in the Philippines

The Supreme Court clarifies the distinction between statutory and simple rape when the prosecution fails to prove the victim's exact age.

Condominium Foreclosure: When Does a Corporation Have Authority to Foreclose?

Supreme Court clarifies when a condominium corporation may extra-judicially foreclose a unit for unpaid assessments under the Condominium Act.

Government Employee Benefits: BIR Authority and the Limits of Compromise

The Supreme Court rules on BIR's power to tax government employee benefits and the limits of taxing allowances under RMO No. 23-2014.

Corporate President's Authority to Sign Demand Letters and Verification in Unlawful Detainer

Supreme Court clarifies when a corporate president may validly issue demand letters and sign pleadings without a board resolution.

Travel Authority Requirements for Court Personnel: Lessons from a 30-Day Suspension

Court personnel must secure travel authority before going abroad. A utility worker's 13 unauthorized trips led to a 30-day suspension.

Philippine Ports Authority v. City of Davao: Jurisdiction and Forum Shopping in Real Property Tax Cases

Explains why the CTA, not the CA, has exclusive jurisdiction over real property tax appeals and why splitting remedies constitutes forum shopping.

When Public Servants Cross the Line: Extortion Under the Guise of Authority

Philippine law on extortion by public officers, the elements of the crime, and what constitutes abuse of authority.

Sheriffs Overreach: Defining the Boundaries of Official Duty and Ethical Conduct

A Supreme Court ruling clarifies when a sheriff's actions exceed official duty, imposing administrative liability for abuse of authority.

Franchise Disputes and Cooperative Restructuring in Philippine Electrification

Supreme Court clarifies NEA authority over electric cooperative franchises, asset transfers, and why internal restructuring cannot create new cooperatives.

Parental Authority vs Consent: Rape Conviction Upheld Despite Delayed Reporting

A father's moral ascendancy substitutes for force in rape, and a daughter's long silence does not weaken her testimony, the Supreme Court ruled in Clemeno.

Apparent Authority: When a Bank Is Liable for Employee Fraud

The Supreme Court explains when a bank is solidarily liable for a branch manager's fraud under the doctrine of apparent authority.

Dismissal for Defiance: Upholding the Court's Authority in Administrative Duties

A Supreme Court ruling suspends a branch clerk of court for notarizing documents without the required certification, underscoring strict compliance with court rules.

Upholding Regulatory Authority: LTFRB Power to Suspend Certificates of Public Convenience for Public Safety Vi

Explore the Supreme Court's ruling affirming the LTFRB's authority to suspend certificates of public convenience for public safety violations.

When Silence Incriminates: Consent, Good Faith, and the Limits of Deniability in Qualified Theft

Explore the Supreme Court's ruling on qualified theft, apparent authority, and good faith in People v. Delos Santos.

Good Faith Belief and Lack of Intent: Understanding Theft in Corporate Contexts

The Supreme Court clarifies when good faith belief in authority negates theft intent and owner consent in corporate settings.

Caveat Venditor Upholding Good Faith in Real Estate Transactions

Philippine Supreme Court clarifies how good faith and apparent authority negate criminal intent in property takings, protecting honest actors.

Familial Abuse of Power When Parental Authority Becomes Criminal Liability

Explore the legal boundaries of parental authority, when discipline crosses into criminal liability, and the Supreme Court's guidance on familial abuse.

Parental Abuse of Authority: When Acts of Lasciviousness Differ from Rape

Philippine Supreme Court clarifies when a father's lewd acts on a child are acts of lasciviousness under RA 7610 versus qualified rape.

Lawyer’s Accountability in Governance Conspiracies: Negligence and the Limits of Reliance

The Supreme Court clarifies lawyer accountability in governance conspiracies, negligence, and the limits of relying on judicial authority in administrative cases.

Moral Ascendancy as Intimidation: Stepfather's Abuse of Authority in Rape Cases

Stepfather's moral ascendancy can substitute for force or intimidation in rape, explains the Supreme Court in People v. Austria.

Jurisdiction in Drug Cases: The Limits of Anti-Graft Authority and Protecting Individual Rights

The Supreme Court clarifies jurisdiction over drug cases involving public officials, emphasizing procedural rules and the hierarchy of courts.

Prescription and COA Authority Over Disbursed Public Funds: Ramiscal v. COA

The Supreme Court clarifies that the State's right to recover illegally disbursed public funds does not prescribe, but limits COA's power over tax collection.