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Showing 145–168 of 514 articles for “erc”

Discounts FOR THE Disabled Upholding Equal Access TO Medicines Under Police Power

The Supreme Court upholds the 20% PWD medicine discount as a valid exercise of police power, not eminent domain.

When Direct Testimony Outweighs Forgery Claims in Philippine Land Sales

Supreme Court ruling on how direct testimony of a witness can overcome forgery allegations in a disputed land sale.

Syndicated Estafa and Corporate Liability: When Public Solicitation Pierces the Veil

Supreme Court clarifies when a corporation's real estate sales to the public trigger syndicated estafa liability under P.D. 1689.

Overcoming Silence Credibility IN Rape Cases Involving Minors AND Step Parents

Tenant Redemption Rights: Tender of Payment Required in Agrarian Land Sales

Philippine Supreme Court clarifies that agrarian tenants must tender or consign the redemption price to validly exercise their right of redemption.

Overcoming Silence THE Admissibility OF Delayed Rape Reports IN Incestuous Abuse Cases

Online Psychological Abuse Under RA 9262: Higher Penalty for Social Media Offenses

Supreme Court rules that using social media to commit psychological abuse under RA 9262 warrants a higher penalty under the Cybercrime Prevention Act.

Supreme Court Upholds ERC's Power to Set Electric Cooperative Capital Contribution Charges

SC dismisses challenge to MCC/RFSC charges by electric cooperatives, affirming ERC's rate-setting authority under EPIRA.

Passenger Duty of Diligence in Verifying Flight Details: Manay v. Cebu Air

The Supreme Court ruled that passengers must exercise ordinary diligence in checking flight details on tickets, even as airlines owe extraordinary diligence.

Jurisdictional Boundaries Determining Competence in Injunction Cases

Philippine Supreme Court clarifies that Special Commercial Courts retain general jurisdiction over ordinary civil cases like injunction actions.

Pacto de Retro Sales: Indispensable Parties and Overcoming Presumptions

Supreme Court clarifies who are indispensable parties in pacto de retro consolidation cases and when notarized documents prevail.

Over Recovery Refunds Ensuring Fair Electricity Rates FOR Consumers

Explains NEECO I v. ERC on electric cooperative over-recovery refunds, system loss caps, and consumer rate protection.

Overcoming Technicalities: Republic's Right to Recover Ill-Gotten Wealth

Supreme Court rules procedural lapses should not defeat the state's recovery of ill-gotten wealth, reversing Sandiganbayan dismissal.

Rape Conviction Affirmed Credible Testimony AND Consensual Intercourse Claim Rejected

VAT Zero Rating and ERC Certification: Lessons from Toledo Power Company

Why ERC certification is decisive for power generators claiming VAT zero-rating, explained through the Toledo Power Company case.

Finality Prevails: Understanding the Limits of Annulment of Judgment in the Philippines

Philippine Supreme Court clarifies when annulment of judgment is available, distinguishing lack of jurisdiction from errors in exercising jurisdiction.

Failure to Prosecute and Counterclaims: Lessons from Roasters Philippines v. Gaviola

When can a case be dismissed for failure to prosecute, and what happens to counterclaims? The Supreme Court clarifies the rules.

Piercing the Corporate Veil: Limits of Personal Liability for Corporate Acts in the Philippines

Philippine Supreme Court clarifies when corporate officers may be held personally liable and why certiorari cannot replace a lost appeal.

Overcoming Finality When Courts CAN Correct Void Judgments

When can a final judgment be recalled? This case explains the exceptions to the immutability rule.

Piercing the Corporate Veil: When Directors Face Personal Liability for Corporate Debts

The Supreme Court clarifies when corporate directors may be held personally liable for corporate debts, requiring clear and convincing evidence of bad faith or fraud.

Piercing the Corporate Veil: When Debt Recovery Fails Against Corporate Officers

The Supreme Court clarifies when creditors can hold corporate officers personally liable for corporate debts under the alter ego doctrine.

Treachery Unveiled Distinguishing Homicide From Murder IN Sudden Altercations

Credibility of Rape Victim's Testimony Overcomes Delay and Apparent Inconsistencies

Supreme Court explains why a rape victim's delayed report and acceptance of money do not destroy her credibility.

Levy on Execution Prevails Over Prior Unregistered Sale: Suntay v. Keyser Mercantile

Supreme Court rules a registered levy on execution beats a prior unregistered sale, upholding the Torrens system's reliance on clean titles.