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Showing 217–240 of 610 articles for “requirements”

Substitution in Elections: Comelec's Discretion and Due Process Rights

A look at the Supreme Court's ruling on candidate substitution, the Comelec's ministerial duty, and the due process requirements in election cases.

Upholding Drug Convictions: Integrity of Evidence Despite Procedural Lapses in Chain of Custody

The Supreme Court affirmed a drug conviction despite lapses in the Section 21 inventory and photography requirements, because the chain of custody of the seized shabu remained unbroken.

Self-Defense and Unlawful Aggression: When a Deadly Response Fails in Homicide Cases

Philippine Supreme Court clarifies self-defense requirements in homicide cases, explaining why unlawful aggression is essential and must be proven with clear evidence.

Reconstitution of Lost Title Allowed: Supreme Court Clarifies R.A. 26 Requirements

Supreme Court clarifies the rules on judicial reconstitution of lost certificates of title under Republic Act No. 26.

Public Officials' Liability for Negligence in Handling Public Funds: The Luspo Doctrine

Supreme Court ruling on public officials' liability for negligence in disbursing public funds, explaining accountable officer duties and bad faith requirements.

Loan vs Donation: Proving Intent in Property Disputes

Philippine Supreme Court clarifies when payments for another's property are loans, not donations, and the formal requirements for valid donations.

Challenging Election Results AND Preserving Voter Intent

Challenging election results is a legal process governed by strict rules. This article explains the requirements for election protests and how courts balance ballot integrity with voter intent.

Rape Conviction Affirmed: Credibility of a Minor Victim's Testimony in Sexual Assault Cases

Supreme Court affirms rape conviction based on a minor's credible testimony, rejecting the sweetheart defense and clarifying force and intimidation requirements.

Reconstitution of Title: Strict Compliance with Notice Requirements for Jurisdiction

Philippine Supreme Court nullifies a title reconstitution for failure to notify the registered owners' heirs, stressing mandatory notice rules.

VAT Refund Claims: Prescriptive Periods and Jurisdictional Requirements Explained

Learn the strict deadlines for VAT refund claims under Section 112 NIRC, including the 120+30 day rule and its exceptions.

Upholding Due Process in Administrative Cases: Impartiality and Fair Procedure

The Supreme Court clarifies due process requirements in administrative cases, emphasizing substantial evidence and the right to an impartial tribunal.

Chain of Custody and Drug Evidence Admissibility in Philippine Law

The Supreme Court acquits a drug suspect over broken chain of custody—explaining marking, inventory, and photo requirements under RA 9165.

Tax Refund vs Tax Credit: Execution Requirements in Local Tax Disputes

Philippine Supreme Court clarifies when a writ of execution is needed for tax refunds or tax credits in local tax disputes.

Seafarers’ Disability Claims: Abandoning Treatment and the POEA-SEC Rules

Explore the Supreme Court ruling on seafarers' disability claims, emphasizing the POEA-SEC requirements and the consequences of abandoning treatment.

Due Process and Technicalities: When Courts Must Decide Cases on the Merits

The Supreme Court reminds courts that procedural rules serve justice, not defeat it, in this ruling on late appeals and verification requirements.

Relaxing Procedural Rules in the Interest of Justice: Filing Deadlines and Verification Requirements in Philip

The Supreme Court clarifies when courts may relax filing deadlines and verification rules, emphasizing substantial justice over technicalities.

VAT Refund Claims: Strict Deadlines and Invoice Requirements Under Philippine Tax Law

Learn how the Supreme Court's ruling in CIR v. Silicon Philippines clarifies the mandatory 120+30 day prescriptive periods for VAT refund claims and invoice requirements.

Perfecting Land Titles: The Imperative of Proving Possession Since June 12, 1945

Learn the strict requirements for land registration in the Philippines, including proving possession since June 12, 1945, based on a recent Supreme Court ruling.

Defining Corporate Officers Jurisdiction IN Illegal Dismissal Cases

The Supreme Court clarifies when a corporate officer is a regular employee entitled to security of tenure and the due process requirements in termination.

VAT Refunds: Strict Compliance With the 120+30 Day Rule and Invoicing Requirements

Philippine Supreme Court clarifies the mandatory 120+30 day rule for VAT refund claims and invoicing requirements in Commissioner of Internal Revenue v. Toledo Power Company.

Extrinsic Fraud and Annulment of Judgment: What Litigants Must Know

The Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud, and explains the strict requirements for annulling a final judgment under Rule 47.

Staying Execution in Ejectment Cases: Perfecting Appeals and Supersedeas Bonds

Learn the three requirements to stay execution in ejectment cases: perfect appeal, post supersedeas bond, deposit rentals.

Contractual Obligations Prevail Enforcing Notice Requirements In Foreclosure Sales

When a mortgage contract requires personal notice of foreclosure, the bank must comply—or the sale may be void.

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.