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Showing 145–168 of 529 articles for “erc”

Breach of Trust Rape by a Relative and the Upholding of Victim Testimony

The Supreme Court affirms the conviction of an uncle for qualified rape, explaining why a victim's credible testimony and fear can overcome defenses of alibi and denial.

Piercing the Corporate Veil: Religious Affiliation and Shari'a Court Jurisdiction

Can a municipality be considered Muslim for Shari'a court jurisdiction? The Supreme Court says no, reversing a Shari'a District Court ruling.

Overcoming Title Presumptions: The Imperative of Clear and Convincing Evidence in Land Disputes

Philippine Supreme Court ruling on why clear and convincing evidence is required to overturn a free patent and certificate of title.

Compulsory vs. Permissive Counterclaims: What Philippine Litigants Must Know

Learn the difference between compulsory and permissive counterclaims in Philippine courts, including docket fees, forum shopping, and the Alba v. Malapajo ruling.

Piercing the Corporate Veil Has Limits in Estate Proceedings: Mayor v. Tiu

The Supreme Court clarifies that probate courts cannot pierce the corporate veil to seize a corporation's assets as part of a decedent's estate.

Piercing the Corporate Veil to Protect Workers' Right to Collective Bargaining

The Supreme Court pierces the corporate veil when sister companies use separate personalities to defeat workers' right to collective bargaining.

NTC Primary Jurisdiction Over Access Charges in Interconnection Agreements

Explaining the Supreme Court ruling that the NTC has primary jurisdiction over access charges in interconnection agreements, and why courts must defer.

Rape of Persons with Intellectual Disability: Consent and Criminal Liability in the Philippines

The Supreme Court clarifies that sexual intercourse with a person with intellectual disability constitutes rape, as they cannot give valid consent.

Good Faith VS Fencing: When A Notarized Affidavit Protects Purchasers

The Supreme Court acquits a buyer of a Komatsu grader, ruling that a notarized affidavit of ownership can overcome the presumption of fencing under PD 1612.

Piercing the Corporate Veil: When Corporate Officers Are Personally Liable for Illegal Dismissal Debts

The Supreme Court clarifies when corporate officers can be held personally liable for illegal dismissal awards, requiring proof of bad faith.

MERALCO Rate Case: Supreme Court Upholds ERC’s Shift to Performance-Based Regulation

Supreme Court affirms ERC’s shift to PBR for setting MERALCO rates, barring collateral attacks on administrative regulations.

Piercing the Corporate Veil When Labor Rights Trump Corporate Fiction in Illegal Dismissal Cases

When a contractor is a labor-only scheme, the principal becomes the true employer. The Supreme Court pierces the corporate veil to protect workers' rights.

ERC v. Meralco: Only the Supreme Court Can Enjoin EPIRA Implementation

The Supreme Court rules that only it can enjoin EPIRA implementation, clarifying limits on RTC injunctive power over energy regulations.

Reasonable Doubt Prevails: Acquittal in Robbery With Homicide Despite Circumstantial Evidence

Supreme Court acquits accused in robbery with homicide case, ruling circumstantial evidence and mere possession of a phone cannot overcome reasonable doubt.

Discounts FOR THE Disabled Upholding Equal Access TO Medicines Under Police Power

The Supreme Court upholds the 20% PWD medicine discount as a valid exercise of police power, not eminent domain.

When Direct Testimony Outweighs Forgery Claims in Philippine Land Sales

Supreme Court ruling on how direct testimony of a witness can overcome forgery allegations in a disputed land sale.

Syndicated Estafa and Corporate Liability: When Public Solicitation Pierces the Veil

Supreme Court clarifies when a corporation's real estate sales to the public trigger syndicated estafa liability under P.D. 1689.

Overcoming Silence Credibility IN Rape Cases Involving Minors AND Step Parents

Tenant Redemption Rights: Tender of Payment Required in Agrarian Land Sales

Philippine Supreme Court clarifies that agrarian tenants must tender or consign the redemption price to validly exercise their right of redemption.

Overcoming Silence THE Admissibility OF Delayed Rape Reports IN Incestuous Abuse Cases

Online Psychological Abuse Under RA 9262: Higher Penalty for Social Media Offenses

Supreme Court rules that using social media to commit psychological abuse under RA 9262 warrants a higher penalty under the Cybercrime Prevention Act.

Supreme Court Upholds ERC's Power to Set Electric Cooperative Capital Contribution Charges

SC dismisses challenge to MCC/RFSC charges by electric cooperatives, affirming ERC's rate-setting authority under EPIRA.

Passenger Duty of Diligence in Verifying Flight Details: Manay v. Cebu Air

The Supreme Court ruled that passengers must exercise ordinary diligence in checking flight details on tickets, even as airlines owe extraordinary diligence.

Jurisdictional Boundaries Determining Competence in Injunction Cases

Philippine Supreme Court clarifies that Special Commercial Courts retain general jurisdiction over ordinary civil cases like injunction actions.