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Showing 193–216 of 514 articles for “erc”

Falsification of Commercial Documents: When a Bank Manager Faces Estafa Liability

The Supreme Court clarifies when a bank manager who forges documents and misappropriates funds is liable for the complex crime of estafa through falsification of commercial documents.

A Chain of Circumstances: Proving Robbery with Homicide Beyond Reasonable Doubt

The Supreme Court upheld a robbery with homicide conviction built on circumstantial evidence after rejecting a flawed line-up and a coerced confession.

Public Space vs Private Gain: When Loan Agreements Undermine Public Land Rights

Supreme Court rules loans secured by public plaza are void; public dominion property cannot be collateralized for commercial ventures.

Mutuality of Contracts: Borrower's Right to Inspect Loan Sale Documents Under Rule 27

Supreme Court rules borrowers may compel production of loan sale agreements to verify consideration and exercise redemption rights under Article 1634.

Direct vs Collateral Attack: Clarifying Land Title Disputes in the Philippines

A Supreme Court ruling clarifies when a counterclaim to nullify a land title is a permissible direct attack, not a barred collateral one.

Piercing the Corporate Veil: When Banks Are Not Liable for Subsidiary Debts

The Supreme Court clarifies when courts may—and may not—pierce the corporate veil to hold parent banks liable for subsidiary debts.

When Banks Can't Be Sued for Subsidiary Debts: Piercing the Corporate Veil in Philippine Banking

Philippine Supreme Court clarifies when banks may be held liable for subsidiary obligations and when the corporate veil protects them.

When Police Power Oversteps: The Marikina Fence Ordinance and Property Rights

The Supreme Court struck down Marikina's fence ordinance as an oppressive exercise of police power, protecting private property and privacy rights.

Banks Must Exercise Higher Diligence: Land Bank v. Poblete on Mortgage in Bad Faith

When a bank accepts a mortgage over property it failed to verify, it risks losing protection as a mortgagee in good faith.

Piercing THE Corporate Veil Clarifying Personal Liability IN Trust Receipt Agreements

Personal Guarantees and Piercing the Corporate Veil: Lessons from Crisologo v. People

When corporate officers sign personal guarantees, they may face personal liability. The Supreme Court clarifies the limits in Crisologo v. People.

Rape Conviction Upheld Despite Lack of Visible Physical Injuries Protecting Victims of Sexual Violence

Philippine Supreme Court ruling clarifies that an intact hymen does not negate rape, and explains the distinction between rape by sexual intercourse and rape by sexual assault.

Taxation of Non-Profit Hospitals: Balancing Charity and Commerce in the Philippines

The Supreme Court clarifies when non-profit hospitals lose income tax exemption and pay the 10% preferential rate under the NIRC.

When Creeks Shift: Land Ownership and Natural Watercourse Changes in the Philippines

Philippine Supreme Court ruling on who owns abandoned river beds when creeks change course naturally, and the burden of proof required.

Automated Elections Public Bidding vs Comelec Discretion in Purchasing the AES for the 2013 Elections

Supreme Court upholds Comelec's exercise of option to purchase PCOS machines for 2013 elections, ruling no new public bidding was required.

Piercing THE Corporate Veil Defining Liability IN Business Closure Scenarios

Corporate Veil Piercing: Directors Held Liable for Fraudulent Misrepresentation in Syndicated Estafa

Supreme Court ruling on when corporate directors can be held criminally liable for estafa despite the separate juridical personality of corporations.

Psychological Abuse via Facebook Conviction Upheld with Higher Cybercrime Penalty

Supreme Court affirms conviction for psychological abuse via Facebook posts, imposing higher penalty under the Cybercrime Prevention Act.

Liability in Maritime Charters: Who Pays When the Ship Goes Down

Philippine Supreme Court clarifies who bears liability when a chartered vessel sinks, applying the Civil Code over the Code of Commerce.

Zoning Prevails: How Local Ordinances Can Override Agrarian Reform Coverage

The Supreme Court ruled that land reclassified as residential or commercial by a valid local zoning ordinance before 1988 falls outside the coverage of agrarian reform.

Piercing the Corporate Veil: When Stockholders Become Liable for Corporate Debts in the Philippines

Philippine Supreme Court clarifies when stockholders may be held personally liable for corporate debts, including unpaid subscriptions and the trust fund doctrine.

Reconstitution of Lost Title: SC Clarifies Rules on Proof and Evidence

SC reinstates reconstitution of lost TCT, clarifying evidence rules under RA 26 and the Bercede guidelines.

Expropriation Requires an Ordinance, Not Just a Resolution: Yusay v. Court of Appeals

Supreme Court clarifies that local governments must pass an ordinance, not a mere resolution, before exercising eminent domain under the Local Government Code.

Alibi Cannot Overcome a Child Victim's Positive Identification: Lessons from People v. Jacinto

The Supreme Court in People v. Jacinto affirmed a child rape conviction, ruling that alibi cannot prevail over the victim's positive identification and clarifying juvenile sentencing.