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Showing 145–168 of 573 articles for “oca”

Zealous Advocacy Within Legal Bounds Is Not Lawyer Misconduct

Supreme Court clarifies that a lawyer's persistent pursuit of a client's cause, done within legal bounds, is not administrative misconduct.

Upholding Attorneys Duty Demand Letters AND Ethical Boundaries IN Legal Representation

Supreme Court clarifies when a lawyer's demand letter is legitimate advocacy versus unethical extortion, dismissing disbarment case against Atty. Freddie Feir.

Bank's Failure to Release Loan Funds Nullifies Foreclosure of Mortgage

Philippine Supreme Court rules a bank's breach of a credit agreement bars foreclosure, explaining borrower's reciprocal obligation to pay only arises after full release of loan proceeds.

Private Roads and Public Use: When a Local Ordinance Cannot Convert Private Property

A local ordinance cannot convert a private road into public property without donation, purchase, or expropriation. The Supreme Court explains.

Corporate Dissolution Directors As Trustees and Guarantor Liability After Corporate Revocation

Explains Reyes v. Bancom: corporate revocation doesn't abate suits, directors act as trustees, and guarantors remain liable.

Upholding Judicial Conduct: Lawyers Must Show Courtesy and Punctuality for Fair Justice

A lawyer's two-year suspension for harassing judges and opposing counsel underscores the ethical limits of zealous advocacy in Philippine courts.

Electrical Utility Liability: Negligence in Infrastructure Management

When an electric utility's haphazardly relocated posts and wires cause a fire, the utility—not the property owner—bears liability for damages.

Diminished Liability Understanding Homicide Conviction In Spontaneous Altercations

The Supreme Court explains when spontaneous fights reduce homicide liability, and when treachery still qualifies murder despite provocation.

Electoral Rights vs Budgetary Constraints: Protecting People's Legislative Power in Local Governance

The Supreme Court rules that lack of budget cannot defeat local initiative, but propositions must stay within the sanggunian's powers.

Optional Positions and Local Government Authority: Budgetary Allocation Required for Municipal Appointments

The Supreme Court clarifies that appointments to optional LGU positions like the MENRO require both sanggunian concurrence and a valid appropriation ordinance.

Valid Service of Summons in Foreign Judgment Recognition: Key Lessons from Express Padala v. Ocampo

Philippine Supreme Court ruling on invalid substituted service of summons in foreign judgment recognition, and its due process implications.

Negligence in Notarial Practice: Revocation and Disqualification for Incomplete Certificates and Improper Reco

A notary's incomplete certificates and sloppy register entries led to perpetual disqualification from notarial practice and one-year suspension from law.

Ethical Boundaries in Attorney Communications: Lessons from Buenviaje v. Magdamo

The Supreme Court suspended a lawyer for calling an opposing party a "swindler" and "fugitive" in a letter to a bank, reminding attorneys that zealous advocacy has limits.

Tax Sale Deposit Rule: When Section 267 of the Local Government Code Does Not Apply

Supreme Court clarifies when the Section 267 deposit requirement for tax sale challenges does not apply, remanding Beaumont case for trial.

Upholding Notarial Duties: Consequences for Negligence in Document Notarization

A notary's failure to verify documents and record notarizations leads to commission revocation and disqualification in this Philippine Supreme Court ruling.

Overseas Dreams, Local Schemes: Upholding Protection Against Large Scale Illegal Recruitment

The Supreme Court affirms a conviction for large-scale illegal recruitment in People v. Abellanosa, clarifying penalties and reimbursement of placement fees.

Attorney Neglect and Falsehood: Disciplinary Action for Violating Professional Responsibility

A lawyer who fails to file a client's position paper and notarizes a perjured affidavit faces suspension and revocation of notarial commission.

Upholding Local Authority When Business Permits AND Public Welfare Collide

Supreme Court ruling on when local governments may validly withhold permits and shut down businesses for sanitation violations.

When Can a Mayor Issue a Cease and Desist Order: Balancing Public Welfare and Business Operations

The Supreme Court clarifies when local governments may issue cease and desist orders against businesses and the limits of injunctive relief.

Local Autonomy vs National Authority: The Limits of Police Power Over Water Resources

Supreme Court strikes down Batangas City ordinance requiring desalination plants, ruling LGUs cannot regulate water resources reserved to the NWRB.

Stockholder Rights to Corporate Records Survive SEC Revocation, SC Rules

Supreme Court affirms that a stockholder's right to inspect corporate records continues even after SEC registration is revoked, upholding criminal liability of officers who refuse access.

Mayor's Permit vs. Local Ordinance: Court Upholds Ombudsman's Power in Anti-Graft Cases

Supreme Court affirms Ombudsman's finding of probable cause against a mayor who issued a firecracker permit despite a local ordinance banning it.

Automatic Revocation Clauses in Donations: When Breach Immediately Returns the Property

Philippine Supreme Court clarifies that automatic revocation clauses in donations take effect immediately upon breach, without need for judicial action.

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.