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Showing 8641–8664 of 25,409 articles

Judges Cannot Notarize Cohabitation Affidavits for Marriages They Solemnize

Supreme Court rules MTC judges may not notarize affidavits of cohabitation for marriages they solemnize, citing Circular 1-90.

Mutuality of Contracts: Banks Cannot Unilaterally Impose Interest Rate Hikes on Loans

Philippine National Bank v. Manalo clarifies that banks cannot unilaterally raise loan interest rates without borrower consent under Article 1308 of the Civil Code.

When an Agent's Mortgage Signed in Own Name Does Not Bind the Principal

A mortgage signed by an agent in a personal capacity, without indicating agency, binds only the agent, not the principal.

Trademark Confusion: When Similar Marks on Different Products Are Allowed

A Supreme Court ruling clarifies when similar trademarks on unrelated goods can coexist, applying the multifactor test for confusing similarity.

Witness Exclusion Rule: When Courts Cannot Bar a Witness Who Heard Another's Testimony

SC ruling on when courts may exclude witnesses and why a witness who heard prior testimony cannot be barred without an exclusion order.

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.

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.

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.

Upholding Convictions in Drug Cases: Balancing Evidence and Constitutional Rights

Learn how the Supreme Court balances evidence and constitutional rights in drug cases, and what this means for accused persons.

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.

Untimely VAT Refund Claims: Strict Prescriptive Periods and the San Roque Exception

Learn how the Supreme Court applied the San Roque doctrine on the 120-day waiting period for VAT refund claims in Procter & Gamble.

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.

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.

Rape Conviction Upheld: Credibility of Testimony and Indeterminate Sentence Law in Child Sexual Abuse Cases

Supreme Court affirms father's rape conviction, clarifies proper indeterminate penalty and damages in child sexual assault cases.

Equitable Estoppel and Premature VAT Refund Claims: When Taxpayers Can Rely on BIR Rulings

The Supreme Court ruled that taxpayers may rely on BIR Ruling No. DA-489-03 and file VAT refund claims early, invoking equitable estoppel against the government.

Proving Alienable Land in Registration: The T.A.N. Properties Standard

Land registration requires more than a DENR certification. The Supreme Court clarifies the proof needed to establish alienable and disposable land.

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.

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.

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.

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.

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.

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.

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.

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.