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Showing 145–168 of 556 articles for “oca”

Upholding Local Authority When Business Permits AND Public Welfare Collide

Supreme Court ruling on when local governments may validly withhold permits and shut down businesses for sanitation violations.

When Can a Mayor Issue a Cease and Desist Order: Balancing Public Welfare and Business Operations

The Supreme Court clarifies when local governments may issue cease and desist orders against businesses and the limits of injunctive relief.

Local Autonomy vs National Authority: The Limits of Police Power Over Water Resources

Supreme Court strikes down Batangas City ordinance requiring desalination plants, ruling LGUs cannot regulate water resources reserved to the NWRB.

Stockholder Rights to Corporate Records Survive SEC Revocation, SC Rules

Supreme Court affirms that a stockholder's right to inspect corporate records continues even after SEC registration is revoked, upholding criminal liability of officers who refuse access.

Mayor's Permit vs. Local Ordinance: Court Upholds Ombudsman's Power in Anti-Graft Cases

Supreme Court affirms Ombudsman's finding of probable cause against a mayor who issued a firecracker permit despite a local ordinance banning it.

Automatic Revocation Clauses in Donations: When Breach Immediately Returns the Property

Philippine Supreme Court clarifies that automatic revocation clauses in donations take effect immediately upon breach, without need for judicial action.

Franchise Tax After EPIRA: NPC's Liability and the Limits of Local Government Power

The Supreme Court clarifies when the local franchise tax applies after EPIRA, nullifying Bataan's levy on NPC properties.

Local Franchise Tax After EPIRA: When Government Levy on Power Assets Fails

The Supreme Court nullified Bataan's levy on Napocor assets, clarifying local franchise tax limits after EPIRA's transfer of power functions.

Submarine Cables as Taxable Real Property: Supreme Court Clarifies Local Government Authority

The Supreme Court rules submarine cables are taxable real property, affirming local governments' power to impose real property tax on these assets.

Corporate Residence for Insolvency Cases: Actual Office Location Prevails

The Supreme Court clarifies that for insolvency venue, a corporation's actual principal office, not its Articles of Incorporation, determines residence.

Myocardial Infarction and Employee Compensation: Proving Causation in Occupational Diseases

A Supreme Court ruling clarifies when myocardial infarction is compensable under the Employees' Compensation Program and what claimants must prove.

Local Autonomy vs Centralized Power: Who Decides on Water Governance

Supreme Court ruling on who appoints water district boards when cities fail the 75% threshold, balancing local autonomy against centralized control.

Local Autonomy vs Centralized Control: Who Appoints Metro Cebu Water District Directors

Supreme Court ruling on whether the Cebu City Mayor or the Provincial Governor appoints MCWD board members under P.D. 198.

Specific Performance vs Rescission: Contractual Remedies Under Philippine Law

The Supreme Court clarifies when specific performance or rescission applies in reciprocal obligations, using a Tagaytay property dispute as guide.

Local Autonomy vs Central Control: Presidential Power in Hospital Devolution

The Supreme Court upholds Executive Order No. 567 devolving Taguig-Pateros District Hospital to the City of Taguig, clarifying presidential power.

Lawyer's Unfounded Bribery Accusation Against Prosecutor Draws Fine

Supreme Court fines a lawyer for baselessly accusing a prosecutor of bribery in pleadings, stressing limits of zealous advocacy.

Barangay Boundary Disputes: Why the Sanggunian, Not Courts, Resolves Them First

The Supreme Court clarifies that barangay boundary disputes must first be settled by the sanggunian, not the RTC, under the Local Government Code.

Protecting the Accused: The Limits of Unpleaded Allegations in Rape Cases

The Supreme Court clarifies that convictions for statutory rape rest on age and carnal knowledge, not on unpleaded details like force or location.

Possession Disputes When Foreclosure Sales Meet Adverse Claims

When can a third-party possessor block a writ of possession after foreclosure? The Supreme Court clarifies the rules in Hernandez v. Ocampo.

Franchise Tax vs Real Property Tax: Clarifying NGCP's Tax Liabilities

Supreme Court clarifies when NGCP's franchise tax covers real property taxes and when local governments may still collect them.

BOI-Registered Enterprise Tax Exemptions and the Limits of Certiorari: Alfonso Lista v. SNAPM

The Supreme Court clarifies local tax exemptions for BOI-registered firms and the procedural limits of certiorari in Alfonso Lista v. SNAPM.

Coca-Cola Route Helpers: Regular Employees Despite Agency Transfers

Philippine Supreme Court rules route helpers remain regular Coca-Cola employees despite transfers to labor contractors, applying stare decisis.

Relocation Surveys in Land Disputes: Why Precise Boundaries Matter

When land titles conflict, courts order relocation surveys to settle boundary disputes. Learn the rules and practical lessons.

Citizenship Revocation and Deportation: Due Process in Philippine Law

The Supreme Court nullified a deportation order based on flimsy evidence, underscoring that citizenship revocation demands substantial proof and due process.