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Showing 2881–2904 of 3,358 articles for “ces”

Judicial Accountability and Due Process in Business Permit Revocations

Acebedo Optical v. CA clarifies limits of mayoral power over business permits and why ultra vires conditions cannot bind a permit holder.

Motion for Reconsideration: A Necessary Step Before Certiorari

Acebedo Optical v. CA clarifies that a motion for reconsideration is required before filing certiorari, and explains limits on local government police power over business permits.

When a Guilty Plea Fails: Why Rape Convictions Were Remanded for Rearraignment

The Supreme Court set aside death sentences for rape because the trial court failed to conduct a proper searching inquiry into the guilty plea.

VAT on Services: When "Trade or Business" Does Not Require Profit Motive

Philippine Supreme Court clarifies that VAT applies to services rendered for a fee even without profit motive. Learn the rules.

Robbery With Homicide: Proving Conspiracy and Liability of All Participants

Philippine Supreme Court ruling on robbery with homicide, conspiracy liability, and the penalty of reclusion perpetua when no aggravating circumstances exist.

Judicial Accountability Balancing Discretion AND DUE Process IN Granting Bail

Tax Exemption Boundaries: PAGCOR Privileges and the Perils of Misrepresentation

Supreme Court clarifies that PAGCOR's tax exemption on importations does not automatically extend to concessionaires, and warns against fraudulent claims.

Breach of Duty: Upholding Integrity and Accountability in Court Processes

A lawyer's misuse of client funds for purported court fees leads to suspension and restitution, reinforcing ethical duties.

Rape With Intimidation: The Standard of Resistance and Aggravating Circumstances

The Supreme Court clarifies that in rape, intimidation can substitute for physical resistance, and aggravating circumstances need not be alleged in the information.

Docket Fees and the Right to Amend: Balancing Access to Justice in Patent Infringement Cases

Philippine Supreme Court ruling on docket fees, amendments to complaints, and equitable access to justice in patent cases.

Lawyer's Duty to Respect Attorney-Client Relationships: Lessons from Camacho v. Pangulayan

A lawyer who negotiates directly with opposing parties already represented by counsel violates professional ethics and faces suspension.

Attorney Suspended Six Months for Deceitful Loan Practices with Client

A lawyer who facilitated a fraudulent loan for his clients was suspended for six months. Learn the ethical rules and lessons from this Philippine Supreme Court case.

Upholding Judicial Responsibility: The Consequences of Delay in Case Resolution

A Supreme Court ruling on a judge's repeated delays in deciding cases underscores the duty of judges to resolve cases promptly and the penalties for gross inefficiency.

Step-Parent Rape and the Death Penalty: What Philippine Law Requires

The Supreme Court affirms the death penalty for a stepfather who raped his 11-year-old stepdaughter, clarifying the rules on qualifying circumstances and damages.

Employers' Subsidiary Liability and Due Process in Criminal Proceedings

When can an employer be held subsidiarily liable for an employee's crime? The Supreme Court explains the due process requirements.

Due Process in Bail Applications: The Mandatory Hearing for Capital Offenses

Bail in capital offenses requires a mandatory hearing to determine if evidence of guilt is strong. Learn the rules from Narciso v. Sta. Romana-Cruz.

When Circumstantial Evidence Justifies Dismissal for Fraud Against the Company

Philippine Airlines v. NLRC shows when circumstantial evidence suffices to prove employee fraud justifying dismissal for loss of trust.

Due Process Denied: The Importance of Hearing Notices in Default Orders Under Philippine Law

Philippine Supreme Court ruling on default orders without hearing notices, and the duty of clerks of court in safeguarding due process.

When Heirs Can Question a Void Marriage After Death: The Niñal Rule

Heirs may challenge a deceased person's void marriage for successional rights. The Supreme Court explains the limits and rules.

Speedy Disposition of Cases: Balancing Delay and Due Process in Anti-Graft Proceedings

Explaining the Castillo v. Sandiganbayan ruling on what counts as unreasonable delay in anti-graft cases and the right to speedy disposition.

When Sudden Attacks Dont Mean Murder Examining THE Nuances OF Homicide AND Treachery

A sudden attack does not always amount to treachery. This case explains when killing is homicide, not murder.

Sequestration vs. Attachment: Resolving Jurisdictional Conflicts Over Corporate Assets

When a sequestered company faces a collection suit, which court prevails? The Supreme Court clarifies the boundaries between PCGG sequestration and RTC attachment.

Rescission of Fraudulent Conveyances: Protecting Creditors' Rights in Property Transfers

When a debtor transfers property to evade creditors, the law allows rescission. China Banking Corp. v. Court of Appeals explains the rules.

Circumstantial Evidence in Robbery With Homicide: When Conviction Stands Beyond Reasonable Doubt

The Supreme Court explains when circumstantial evidence suffices to convict for robbery with homicide, and why flight and unexplained absence signal guilt.