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Showing 193–216 of 529 articles for “erc”

Navigating Search Warrants: Privacy and Public Interest in Cybercrime Investigations

The Supreme Court clarifies when search warrants in cybercrime cases are valid, balancing constitutional privacy rights against effective law enforcement.

When Zoning Removes Land from Agrarian Reform: Jopson v. DBP and DARAB Jurisdiction

A Supreme Court ruling explains why land reclassified as commercial before the agrarian reform law falls outside DARAB jurisdiction and tenancy claims.

Overcoming Document Regularity Evidence To Prove Forgery In Property Disputes

The Supreme Court explains how clear and convincing evidence can overturn the presumption of regularity of a notarized deed of sale in property disputes.

Upholding Local Autonomy: The Constitutionality of Vehicle Immobilization Ordinances

The Supreme Court upheld Cebu City's vehicle immobilization ordinance as a valid exercise of police power, clarifying due process requirements for traffic enforcement.

Senior Citizen Discounts: Police Power vs. Eminent Domain in Business Regulations

The Supreme Court clarifies that the 20% senior citizen discount is a valid exercise of police power, not eminent domain, in Manila Memorial Park v. DSWD.

Piercing the Corporate Veil in Loan Agreements: What the Supreme Court Requires

The Supreme Court clarifies when courts may pierce the corporate veil to hold stockholders personally liable for corporate loans.

Judicial Clemency: Balancing Mercy and Public Trust in the Philippine Judiciary

The Supreme Court denies a former judge's plea for judicial clemency, reaffirming that remorse and reformation must be proven, not merely claimed.

Piercing the Corporate Veil: Asset Sales vs Mergers in Tax Liability

When is a buyer liable for a seller's tax debts? The Supreme Court clarifies asset sales vs mergers.

Condominium Corporation Disputes: When Are They Intra-Corporate Controversies?

The Supreme Court clarifies when disputes between condominium corporations and unit owners are intra-corporate controversies under the jurisdiction of special commercial courts.

Credibility of Rape Victim Testimony Overcoming Recantations and Delay in Reporting

Philippine Supreme Court ruling on why a rape victim's credible testimony prevails despite delayed reporting and claims of consent.

Rape Conviction Upheld: Intimidation Overcomes Lack of Physical Resistance

Philippine Supreme Court rules that intimidation, not physical resistance, is key in rape cases, upholding a conviction based on a knife threat.

Duty of Candor: When Exercising a Right Becomes an Abuse of Right

Philippine Supreme Court ruling on abuse of rights under Article 19, Civil Code, and liability for damages in water disconnection case.

Piercing the Veil: Determining Employer Status in Labor Disputes

When is a manpower agency a mere labor-only contractor? The Supreme Court clarifies the test for true employer status in labor disputes.

Establishing Paternity Overcoming Denials AND Securing Child Support

Falsification of Commercial Documents: When a Bank Manager Faces Estafa Liability

The Supreme Court clarifies when a bank manager who forges documents and misappropriates funds is liable for the complex crime of estafa through falsification of commercial documents.

A Chain of Circumstances: Proving Robbery with Homicide Beyond Reasonable Doubt

The Supreme Court upheld a robbery with homicide conviction built on circumstantial evidence after rejecting a flawed line-up and a coerced confession.

Public Space vs Private Gain: When Loan Agreements Undermine Public Land Rights

Supreme Court rules loans secured by public plaza are void; public dominion property cannot be collateralized for commercial ventures.

Mutuality of Contracts: Borrower's Right to Inspect Loan Sale Documents Under Rule 27

Supreme Court rules borrowers may compel production of loan sale agreements to verify consideration and exercise redemption rights under Article 1634.

Direct vs Collateral Attack: Clarifying Land Title Disputes in the Philippines

A Supreme Court ruling clarifies when a counterclaim to nullify a land title is a permissible direct attack, not a barred collateral one.

Piercing the Corporate Veil: When Banks Are Not Liable for Subsidiary Debts

The Supreme Court clarifies when courts may—and may not—pierce the corporate veil to hold parent banks liable for subsidiary debts.

When Banks Can't Be Sued for Subsidiary Debts: Piercing the Corporate Veil in Philippine Banking

Philippine Supreme Court clarifies when banks may be held liable for subsidiary obligations and when the corporate veil protects them.

When Police Power Oversteps: The Marikina Fence Ordinance and Property Rights

The Supreme Court struck down Marikina's fence ordinance as an oppressive exercise of police power, protecting private property and privacy rights.

Banks Must Exercise Higher Diligence: Land Bank v. Poblete on Mortgage in Bad Faith

When a bank accepts a mortgage over property it failed to verify, it risks losing protection as a mortgagee in good faith.

Piercing THE Corporate Veil Clarifying Personal Liability IN Trust Receipt Agreements