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Showing 1–24 of 71 articles for “franchise”

Franchise Amendments and Public Utilities: When Does the Common Good Justify Change

The Supreme Court upholds RA 11918 expanding MORE Power's franchise, ruling exclusive franchises are unconstitutional and Congress determines the common good.

When Does a Right to Radio Frequencies Vest? The NOW Telecom Ruling

A legislative franchise does not guarantee radio frequencies. The Supreme Court explains why spectrum use is a privilege.

Cable TV Franchise Tax: What the New Vision Ruling Means for Operators

The Supreme Court ruled that NTC-issued certificates of authority are administrative franchises subject to local franchise tax under the Local Government Code.

Navigating Eminent Domain and Franchise Rights: The Battle Over Electricity Distribution in Iloilo City

The Supreme Court upheld the constitutionality of expropriation provisions in R.A. 11212, allowing MORE Power to acquire PECO's distribution system in Iloilo City.

Eminent Domain for Uninterrupted Electricity: MORE Power vs. PECO Explained

The Supreme Court upholds the constitutionality of expropriating an old franchise holder's distribution system to ensure uninterrupted electricity in Iloilo City.

Franchise Renewal in Philippine Broadcasting: Insights from ABS-CBN v. NTC

The Supreme Court's ruling in ABS-CBN v. NTC clarifies that an expired legislative franchise cannot be extended by pending bills or administrative practice.

DUE Process AND Regulatory Authority Ntcs Discretion IN Catv Franchise Applications

When Bad Faith in a Franchise Sale Triggers Damages: Arcinue v. Baun

A franchise sold without the franchisor's approval can lead to damages liability. The Supreme Court explains the rules on bad faith, survival of actions, and interest.

Prior Public Use and the Power of Expropriation: The NGCP Case

When can a private franchise holder expropriate property already devoted to public use? The Supreme Court clarifies in this 2019 ruling.

Interpreting Termination Clauses in Franchise Agreements: Makati Water v. Agua Vida

When does a franchise agreement "terminate"? The Supreme Court rules on whether expiration counts as termination under non-compete clauses.

Franchise Disputes and Cooperative Restructuring in Philippine Electrification

Supreme Court clarifies NEA authority over electric cooperative franchises, asset transfers, and why internal restructuring cannot create new cooperatives.

PAGCOR Tax Landscape: Franchise Tax vs Income Tax Obligations Under Philippine Law

The Supreme Court clarifies PAGCOR's tax liabilities: 5% franchise tax on gaming income, income tax on related services, and FBT obligations.

PAGCOR Tax Liabilities Clarifying Income and VAT Exemptions Under Philippine Law

The Supreme Court clarifies PAGCOR's tax liability: 5% franchise tax on gaming income, income tax on related services, and VAT exemption.

PAGCOR Tax Ruling Clarifies Income Tax, VAT, and Fringe Benefit Liability

Supreme Court ruling clarifies PAGCOR's tax liability: 5% franchise tax on gaming income, income tax on related services, and FBT obligations.

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.

Reconveyance and Land Ownership: Proving Ownership in Land Disputes

The Supreme Court nullified a provincial government's levy and auction of NPC properties, clarifying franchise tax rules under EPIRA.

PAL Franchise Tax Exemption Survives Later Tax Laws: Supreme Court Ruling

The Supreme Court affirms PAL's excise tax exemption under PD 1590 despite RA 9334 and RA 9337 amendments.

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.

PAL Tax Exemption: Special Franchise Law Prevails Over General Tax Code

Supreme Court affirms PAL's tax exemption on commissary imports, ruling special franchise law P.D. 1590 prevails over general tax code R.A. 9334.

Tax Exemption and Franchise Rights: Philippine Airlines' Victory on Excise Taxes

The Supreme Court affirms PAL's excise tax exemption on commissary imports under PD 1590, explaining franchise tax rules.

Casino Franchise Agreements: PAGCOR Obligations and Investment Protection

Supreme Court guidance on casino franchise agreements, PAGCOR's licensing powers, and the limits of court intervention in administrative disputes.

Franchise or Employment: Distinguishing Independent Business From Subterfuge in Labor Disputes

Supreme Court clarifies when a service franchise creates an independent business, not an employer-employee relationship, in Bandag retreading case.

Real Property Tax on Franchise Holders: When Tax Exemptions Apply

Supreme Court rules on real property tax exemptions for franchise holders, explaining what "exclusive of this franchise" means under RA 7678.