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Showing 169–192 of 514 articles for “erc”

Sobriety vs Perception: Protecting Rights During Traffic Stops in the Philippines

The Supreme Court acquits a driver of drunk driving and resisting arrest, clarifying that smelling of alcohol is not the same as being under its influence.

Piercing THE Corporate Veil When CAN Directors BE Held Liable IN Arbitration

When a Heated Argument Is Not "Fighting": A Philippine Labor Law Lesson on Just Cause Dismissal

Philippine Supreme Court clarifies that "fighting" as a just cause for dismissal requires physical combat, not mere verbal altercations.

Counterclaims Survive Dismissal of Main Suit: The Right to Seek Redress Endures

The dismissal of a main suit does not automatically extinguish a defendant's counterclaim. Learn the procedural rules that protect this right.

Piercing the Corporate Veil: When Can a Company Be Held Liable for Another's Debts?

Philippine Supreme Court explains when courts may disregard corporate personality and hold one company liable for another's obligations.

Presumption of Innocence Prevails: Reversal of Rape Conviction Due to Insufficient Evidence

Philippine Supreme Court acquits rape accused where prosecution evidence failed to overcome presumption of innocence, reaffirming proof beyond reasonable doubt standard.

Counterclaims Survive Independent Adjudication After Complaint Dismissal

The Supreme Court clarifies that dismissing a complaint does not automatically kill the defendant's counterclaim, which may proceed independently.

Parental Authority and Rape: Proving Guilt Beyond Reasonable Doubt

A father convicted of raping his 13-year-old daughter. The Supreme Court explains why denial, alibi, and a retraction letter failed to overcome credible testimony.

Piercing the Corporate Veil: Jurisdiction and the Alter Ego Doctrine in the Philippines

Philippine Supreme Court clarifies that piercing the corporate veil requires jurisdiction over the parent company and proof of fraud, not mere ownership.

Presumption of Marriage Overcomes Lost Records in Philippine Law

Philippine Supreme Court ruling on how lost marriage records affect proof of marriage, presumption of marriage, and bigamy claims.

Navigating Search Warrants: Privacy and Public Interest in Cybercrime Investigations

The Supreme Court clarifies when search warrants in cybercrime cases are valid, balancing constitutional privacy rights against effective law enforcement.

When Zoning Removes Land from Agrarian Reform: Jopson v. DBP and DARAB Jurisdiction

A Supreme Court ruling explains why land reclassified as commercial before the agrarian reform law falls outside DARAB jurisdiction and tenancy claims.

Overcoming Document Regularity Evidence To Prove Forgery In Property Disputes

The Supreme Court explains how clear and convincing evidence can overturn the presumption of regularity of a notarized deed of sale in property disputes.

Upholding Local Autonomy: The Constitutionality of Vehicle Immobilization Ordinances

The Supreme Court upheld Cebu City's vehicle immobilization ordinance as a valid exercise of police power, clarifying due process requirements for traffic enforcement.

Senior Citizen Discounts: Police Power vs. Eminent Domain in Business Regulations

The Supreme Court clarifies that the 20% senior citizen discount is a valid exercise of police power, not eminent domain, in Manila Memorial Park v. DSWD.

Piercing the Corporate Veil in Loan Agreements: What the Supreme Court Requires

The Supreme Court clarifies when courts may pierce the corporate veil to hold stockholders personally liable for corporate loans.

Judicial Clemency: Balancing Mercy and Public Trust in the Philippine Judiciary

The Supreme Court denies a former judge's plea for judicial clemency, reaffirming that remorse and reformation must be proven, not merely claimed.

Piercing the Corporate Veil: Asset Sales vs Mergers in Tax Liability

When is a buyer liable for a seller's tax debts? The Supreme Court clarifies asset sales vs mergers.

Condominium Corporation Disputes: When Are They Intra-Corporate Controversies?

The Supreme Court clarifies when disputes between condominium corporations and unit owners are intra-corporate controversies under the jurisdiction of special commercial courts.

Rape Conviction Upheld: Intimidation Overcomes Lack of Physical Resistance

Philippine Supreme Court rules that intimidation, not physical resistance, is key in rape cases, upholding a conviction based on a knife threat.

Credibility of Rape Victim Testimony Overcoming Recantations and Delay in Reporting

Philippine Supreme Court ruling on why a rape victim's credible testimony prevails despite delayed reporting and claims of consent.

Duty of Candor: When Exercising a Right Becomes an Abuse of Right

Philippine Supreme Court ruling on abuse of rights under Article 19, Civil Code, and liability for damages in water disconnection case.

Piercing the Veil: Determining Employer Status in Labor Disputes

When is a manpower agency a mere labor-only contractor? The Supreme Court clarifies the test for true employer status in labor disputes.

Establishing Paternity Overcoming Denials AND Securing Child Support