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Showing 1–24 of 45 articles for “equity”

Foreign Equity Limits in the Philippines: What Chinese Investors Can Own

Foreign equity limits in the Philippines affect Chinese investors. Learn which businesses allow 100% foreign ownership and which are capped at 40%.

Foreign Investment in Philippine Retail Under the RTLA: Rules and Requirements

Foreign investment in Philippine retail is governed by the Retail Trade Liberalization Act, which sets capital thresholds, equity limits, and qualifications for foreign retailers.

Casino Investment in the Philippines: A Guide for Foreign Investors

Foreign investors can enter the Philippine casino industry through PAGCOR licensing, but the rules on operator qualifications and foreign equity must be checked first.

Foreign Equity in Renewable Energy Projects in the Philippines: Ownership Rules

Foreign equity in renewable energy Philippines: how ownership rules work under the Renewable Energy Act and the Electric Power Industry Reform Act.

GSIS Housing Loan Death Claims: When Insurance Lapses but Equity Survives

Philippine Supreme Court ruling on GSIS housing loans, Sales Redemption Insurance coverage, and heirs' right to restructure after a borrower's death.

Supreme Court Upholds Mandatory SOCE Filing Deadline, Balances Rule of Law with Equity

The Supreme Court ruled COMELEC gravely abused discretion in extending the SOCE filing deadline, but applied the operative fact doctrine.

Understanding Equity of Redemption in Philippine Property Law: A Landmark Case Insight

A Supreme Court ruling clarifies the equity of redemption for junior lien holders in judicial foreclosures, protecting their rights when not impleaded.

Foreign Investment Restrictions in Philippine Construction: Insights from the PCAB v. Manila Water Ruling

The Supreme Court struck down the 60% Filipino equity rule for construction licenses, reshaping foreign investment in the industry.

Unjust Enrichment vs. Immutability of Judgment: Balancing Equity and Finality in Power Supply Contracts

The Supreme Court reconciles the immutability of final judgments with unjust enrichment claims in a dispute over fuel supply between NAPOCOR and Delta P.

Reviving Judgments: The Supreme Court on Delayed Execution and Equity

A sheriff's hasty eviction without the required notice is grave abuse of authority, even when enforcing a final judgment.

Upholding Arbitral Awards When Construction Agreements Meet Equity

Enforcing Final Judgments: When Equity Allows Revival Beyond the Prescriptive Period

The Supreme Court clarifies when courts may allow revival of a final judgment beyond the 10-year prescriptive period, applying equity over strict rules.

Revival of Judgment: Equity Prevails Over Strict Time Limits in Execution

Supreme Court rules equity can revive stale judgments when delay is caused by the losing party's dilatory tactics.

Spousal Consent and Mortgage Validity: Protecting Conjugal Property Rights in the Philippines

A spouse cannot mortgage conjugal property without the other's written consent. The Supreme Court explains the consequences in Boston Equity v. Del Rosario.

Enforcement of Government Contracts: Recovery Allowed Despite Lack of Funds Certification

Supreme Court allows contractor recovery for government equipment leases despite missing funds certification, citing quantum meruit and equity.

Navigating Corporate Rehabilitation: Strict Compliance vs Equitable Relief in Financial Distress

The Supreme Court clarifies when liberality in procedural rules applies in corporate rehabilitation appeals, balancing equity with due process for creditors.

Revival of Judgment Equity Prevails Over Strict Procedural Rules in Land Dispute

Supreme Court allows revival of judgment beyond prescriptive period where strict rules would cause injustice to blameless litigants.

In Pari Delicto Exception: Unjust Enrichment in Illegal Subcontracts

When an illegal contract leaves one party unjustly enriched, Philippine courts may set aside in pari delicto to prevent inequity.

Foreign Land Ownership: No Reimbursement for Unconstitutional Purchases

A foreigner who knowingly violates the constitutional ban on land ownership cannot recover the purchase price, even under equity or unjust enrichment claims.

Preliminary Injunctions in Ejectment Cases: When Immediate Execution Yields to Equity

The Supreme Court clarifies when appellate courts may issue preliminary injunctions to stay execution of ejectment judgments despite their immediate executory nature.

Balancing Justice and Procedure: When Technicalities Yield to Equity in Appeals

The Supreme Court clarifies when procedural rules prevail over equitable arguments in criminal appeals involving the Ombudsman.

Chattel Mortgage Foreclosure: Attaching Creditors, Notice, and the Equity of Redemption

When a chattel mortgage is foreclosed, who must receive notice of the sale? The Supreme Court clarifies the rights of attaching creditors.

Equitable Reduction of Liquidated Damages in Construction Delays: Balancing Contractual Obligations and Fairne

Philippine Supreme Court explains when courts may reduce liquidated damages in construction delay cases, balancing contract terms with equity.

Balancing Justice AND Procedure When Timeliness Gives WAY TO Equitable Outcomes

When a one-day delay in filing a motion could have cost a complainant his civil claim, the Supreme Court showed when equity may prevail over strict procedural rules.