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Showing 6841–6864 of 19,262 articles for “eme”

Excise Tax Refunds for Petroleum Sold to International Carriers: Shell Ruling Explained

The Supreme Court clarifies when domestic petroleum manufacturers can claim excise tax refunds for fuel sold to international carriers.

Parental Authority and Rape: When Rubbing the Penis Is Not Consummated Rape

A father's conviction for rape is modified by the Supreme Court, which distinguishes sexual assault from consummated rape and attempted rape.

VAT Refund Claims: The Mandatory 120+30 Day Rule and Why Timing Matters

Philippine Supreme Court clarifies that VAT refund claims must strictly follow the mandatory 120+30 day period under the NIRC.

VAT Refund Claims: The 120-Day Waiting Period and the BIR Ruling That Saved It

The Supreme Court clarifies the 120-day waiting period for VAT refund claims and the effect of BIR Ruling No. DA-489-03.

Land Registration Proof: Beyond DENR Certification and the Burden of Incontrovertible Evidence

A DENR certification alone won't secure land title. The Supreme Court clarifies the strict proof required for judicial confirmation of title.

Protecting Homebuyers: PD 957 Prevails Over Bank Mortgages in Subdivision Sales

Supreme Court rules banks must honor PD 957 protections for subdivision buyers, even when properties are mortgaged to secure developer loans.

Children's Surnames: Illegitimate Child's Right to Choose After Father's Recognition

Supreme Court rules an acknowledged illegitimate child may choose whether to use the father's surname; the father cannot compel it.

Res Judicata in Corporate Rehabilitation: Balancing Creditor Rights and Economic Recovery

The Supreme Court clarifies res judicata and stay order rules in corporate rehabilitation, balancing creditor rights with economic recovery.

Psoriasis Seafarers and the Burden of Proof in Work-Related Illness Claims

Philippine Supreme Court ruling on proving work-related illness for disability benefits, with lessons for seafarers.

Forum Shopping and Attorney Sanctions for Relitigating Settled Property Disputes

Philippine Supreme Court sanctions lawyer for forum shopping in relitigating settled estate property claims, explaining the rules and consequences.

Public Service Accountability and the Need to Substantiate Dishonesty Charges

The Supreme Court clarifies that while public officials may be disciplined for private acts of dishonesty, charges must be supported by substantial evidence.

Dishonesty in Public Service: Why Substantiated Claims Matter

The Supreme Court clarifies when private acts of dishonesty can be disciplined and why complaints must be supported by evidence.

Surety Bonds Survive Debt Extension: Key Supreme Court Ruling on Article 2079

Extension of a principal's debt without a surety's consent does not automatically extinguish surety bonds, per the Supreme Court.

Notarial Duty Verifying Identity in Document Acknowledgment

Supreme Court ruling on notaries' duty to verify identity in acknowledgments, revoking a notary's commission for lapses.

The Peril of Uncorroborated Rape Allegations: Protecting the Accused's Rights

The Supreme Court acquits a rape accused, stressing that uncorroborated testimony and inconsistent conduct create reasonable doubt.

Balancing Freedom of Speech and the Sub Judice Rule: Protecting Fair Trial Rights

The Supreme Court clarifies when public comments on pending cases violate the sub judice rule and constitute contempt.

Circumstantial Evidence and Reasonable Doubt: Safeguarding Justice in Philippine Courts

Philippine Supreme Court clarifies the sub judice rule, freedom of speech, and the limits of contempt power in Marantan v. Diokno.

Reasonable Doubt Prevails: Acquittal in Robbery and Falsification Case Due to Insufficient Circumstantial Evid

Supreme Court acquits CA employees in robbery and falsification case, ruling circumstantial evidence must form an unbroken chain to prove guilt beyond reasonable doubt.

When Rape Claims Fail the Test of Credibility: People v. Patentes

The Supreme Court acquits a rape convict, showing how inconsistent testimony and doubtful conduct can create reasonable doubt.

Chain of Custody in Drug Cases: Marking Seized Items Immediately and in the Accused's Presence

Philippine Supreme Court acquits drug suspect where police failed to mark seized shabu immediately and in her presence, breaking the chain of custody.

Psychological Incapacity vs. Mere Irresponsibility: The Supreme Court’s Clear Distinction in Marriage Nullity

The Supreme Court clarifies that emotional immaturity and irresponsibility do not amount to psychological incapacity under Article 36 of the Family Code.

Political Offense Doctrine and Murder Charges: Key Lessons from Ocampo v. Abando

When can murder charges be dismissed under the political offense doctrine? The Supreme Court clarifies in Ocampo v. Abando.

Agrarian Reform Jurisdiction: DAR, Not Courts, Hears Landowner Disputes

Supreme Court clarifies that agrarian reform disputes, even with constitutional questions, belong to the DAR, not the RTC.

Tenancy Rights: Landowner's Consent Required for Valid Leasehold Agreement

Philippine Supreme Court clarifies that tenancy requires landowner consent; a mortgagee or possessor cannot install tenants without authority.