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Showing 1–24 of 28 articles for “acceptance”

Software Development Agreements in the Philippines: Ownership and Acceptance

A software development agreement in the Philippines must settle IP ownership, acceptance testing, and payment terms, guided by the Intellectual Property Code.

Grave Misconduct and the Limits of Good Faith in Public Service Procurement

Supreme Court clarifies when good faith excuses public officers from grave misconduct in government procurement and acceptance of goods.

When Silence Isn't Golden: Novation and Debtor Substitution in Philippine Law

The Supreme Court clarifies when a creditor's silence or acceptance of payments amounts to novation and debtor substitution.

Prescription in Tax Assessments: Waivers Must Be Strictly Compliant for Validity

Waivers of the tax prescription period are strictly construed. Missing the BIR's date of acceptance voids them, and assessments without due dates fail.

Solicitation and Acceptance of Gifts: Upholding Ethical Conduct in Public Service

Supreme Court reinstates dismissal of DENR officials for soliciting money under R.A. 6713, reaffirming strict ethical standards for public servants.

Withdrawing a Resignation: When Retraction Before Acceptance Is Valid

Can an employee retract a resignation before the employer accepts it? The Supreme Court explains the rules in Vergara v. ANZ Global Services.

Perfected Construction Contract Award Trumps Suspension

A bidder's acceptance of a notice to proceed perfects a construction contract; a later suspension does not undo it. The Supreme Court explains.

Attorney Neglect and the Duty to Return Fees: Ethical Boundaries in Legal Practice

When a lawyer takes a client's acceptance fee but renders no service, can the fee be kept? The Supreme Court says no.

Upholding Client Trust: Attorney Negligence and the Duty to Refund Unearned Fees in the Philippines

A lawyer who neglects a client's case must refund unearned acceptance fees. The Supreme Court explains the rules on attorney negligence and quantum meruit.

Loan Restructuring Qualified Acceptance and the Absence of a Binding Agreement

When a borrower's "acceptance" of a bank's restructuring offer is qualified, it becomes a counter-offer, not a binding contract.

Acceptance Fee vs Attorney's Fee: What Clients Should Know

The Supreme Court clarifies the difference between acceptance fee and attorney's fee in legal representation, and when a lawyer must return payments.

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.

Delivery Disputes When Actions Speak Louder Than Words in Sales Contracts

When a buyer acts like the goods are theirs, Philippine law may treat that as acceptance—even if delivery paperwork is imperfect.

Perfecting Repurchase Agreements: The Necessity of Unqualified Acceptance in Real Estate Transactions

A Supreme Court ruling explains why a qualified acceptance of a repurchase offer is merely a counter-offer, not a perfected contract.

Lawyer Suspended Six Months for Neglect and Failure to Return Client's Acceptance Fee

Learn how a lawyer's failure to render legal services and return a P50,000 acceptance fee led to a six-month suspension from practice.

Stipulation Pour Autrui: The Beneficiary's Right and Timely Acceptance

Philippine Supreme Court clarifies stipulation pour autrui requisites, acceptance timing, and repurchase rights under Article 1606 in Narvaez v. Alciso.

Prescription and Land Ownership: Protecting the Rights of Long-Term Land Possessors

A Supreme Court ruling clarifies how the right to repurchase land works, when acceptance of a contract benefit is valid, and why builders on their own land need no protection.

Lease OR Ownership When Acceptance OF Rent Doesnt Create A Landlord Tenant Relationship

Grave Misconduct and Breach of Public Trust: When a Process Server Is Dismissed

A Philippine Supreme Court ruling shows how a process server's unexplained delay and unauthorized acceptance of travel money led to dismissal for grave misconduct.

Dation in Payment and Perfected Contracts of Sale Under Philippine Law

When is a deposit earnest money? This case explains when a contract of sale is perfected and why a bank's qualified acceptance was only a counter-offer.

Resignation vs Retirement: When Does a Public Officer Truly Leave Office

The Supreme Court explains the difference between resignation and retirement for public officers, and why acceptance matters in Reyes v. Atienza.

Donation Propter Nuptias Under the Old Civil Code: Acceptance Not Required for Validity

Supreme Court explains why donations by reason of marriage under the Old Civil Code need no formal acceptance, and why the action to annul the title prescribed.

Acceptance Over Refusal When Depositing A Check Establishes Tender OF Payment

A creditor who accepts and deposits a fully funded check tendered as payment cannot later treat it as a deposit. Philippine Supreme Court ruling explained.

Acceptance Over Demand: Graft Conviction Hinges on Actions, Not Words

In Peligrino v. People, the Supreme Court ruled that receiving a gift or benefit suffices for graft conviction under Section 3(b) of RA 3019, even without an express demand.